Back from a weird 2nd interview for GC

I

imcaffeine

Registered Users (C)
We got married in Nov.05 and I submitted application right away.

We had an interview in Boston office March. 06 and we were informed that I130 was approved but I was stuck at NC.

We moved to NYC in June and then I've been doing everything to inquire about the status. Then we got another interview today in NYC.

It was not surprising because we moved but we were informed that the NC was cleared today (big surprise!-good news here). However, the officer needed to ask for additional documents from the Boston office to make a decision. So the case is still pending now. She told me that our I130 was approved only means that the sponsorship is legit but it's still up to her decision on the I485 approval.

She told me that it's going to take 3-6 months. I'd better not travel out of the States during that time even with my AP.

Did anybody have similar experience before? Anything could go wrong? Suggestions? It seems that I'm just stuck here? What if she doesn't make a decision in 6 months? Sorry but I'm really confused now :confused:
 
simply put, why did the officer say that my travel will result in the termination of the I485 application even with Advance Parole?
 
no. never. my immigration history is clean and clear and I was never out of status by even one day.and I used AP to travel last November and everything was fine. now she said that the status is "different"......

Triple Citizen said:
Were you ever out of status for more than 180 days?
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This is interesting. I can guess that part of your A-file (or a temp A-file was created in Boston) is holding up final adjudication. However if there are no out of status issues, I can't think of another reason that she instructed you not to use your valid AP document.
Good luck and keep us posted.

imcaffeine said:
no. never. my immigration history is clean and clear and I was never out of status by even one day.and I used AP to travel last November and everything was fine. now she said that the status is "different"......
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If the guy's been out of status, he couldn't even apply for AP, let alone approved. From the sound of it, they are probably rebuilding your file since you've moved from Boston to NYC or needing more time to review your case. I wouldn't worry about traveling out the country, just make sure you don't leave for too long.
 
AMG_Driver,
Theoritically that is what should happen. However I know of people who were out of status for more than 180 days and in their naivety applied for and successfully obtained AP. Luckily they were stopped before they left the US. Had they left, they would have been banned from re-entry.
 
AMG_Driver said:
If the guy's been out of status, he couldn't even apply for AP, let alone approved. From the sound of it, they are probably rebuilding your file since you've moved from Boston to NYC or needing more time to review your case. I wouldn't worry about traveling out the country, just make sure you don't leave for too long.
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Hi:

I just have to point out that USCIS does not place on itself any obligation to completely review someone's eligibility to USE AP before issuing AP. Many people are issued with AP, who should NOT by any means travel on it.

I.e. being issued an AP does not mean that the person should travel on it.
 
It seems to me that maybe immigration uses AP approvals as kind of a way to get people out of the country. Installing the false hope that they are allowed to travel then they snag them at the border. Unless its just a communication breakdown between Immigration offices and the folks that work the borders.

So even if you were never out of status, is the general concensus that AP is not to be used? And yes I would say that moving from one state to another will not only hold up things administratively, but I'm sure Immigration then performs more research and background checks.

In any event please keep us posted. Very interesting situation.
 
Thank you for the reply. I also agree with pianoplayer.

I think that the officer probably does not have my complete file yet so she didn't know if I was ever out of status historically (I know I was never, but she needed to see on paper, i guess), so she gave me that suggestion.

I booked an infopass to see if my NC is really cleared. I hope that she didn't get confused b/w "no record" and "nc cleared".

Moving to another state was the best for me and for my husband at that time, because we both got great jobs and it made a big difference on our career. I think that it was well worth the wait. it probably also demonstrated that our marriage is real since we both moved at the same time:)

I'll keep you guys posted. :)

Canuckgirl said:
It seems to me that maybe immigration uses AP approvals as kind of a way to get people out of the country. Installing the false hope that they are allowed to travel then they snag them at the border. Unless its just a communication breakdown between Immigration offices and the folks that work the borders.

So even if you were never out of status, is the general concensus that AP is not to be used? And yes I would say that moving from one state to another will not only hold up things administratively, but I'm sure Immigration then performs more research and background checks.

In any event please keep us posted. Very interesting situation.
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Canuckgirl said:
It seems to me that maybe immigration uses AP approvals as kind of a way to get people out of the country. Installing the false hope that they are allowed to travel then they snag them at the border. Unless its just a communication breakdown between Immigration offices and the folks that work the borders.

So even if you were never out of status, is the general concensus that AP is not to be used? And yes I would say that moving from one state to another will not only hold up things administratively, but I'm sure Immigration then performs more research and background checks.

In any event please keep us posted. Very interesting situation.
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Hi:

I would not go as far as saying that USCIS tries to get people out of the country with it. However, two points should be noted:

1. AP issued to be used at the person's own risk. When a person has no
overstay issues, it can be very safe to use.
2. When a person successfully enters with AP, his or her legal status is QUITE
DIFFERENT from somewhat who was admitted to the US regularly. The
rights of a parolee differ somewhat.

I do know of very competent attorneys who advise never to travel on AP, even if there are no overstay issues, merely because of parolee status upon return.
 
Update

I went to the NYC office by Infopass to confirm my name check status. however, the officer told me that the case was still "pending" (we all knew it), and the officer who interviewed me left a note that it was pending and she didn't update the status for "name check". So now I'm even more confused. I just wanted to find out if the name check is cleared to decide wether I file WOM or not. But how can I find the definite answer? I can't wait like an idiot based on the words the officer "said" instead of anything that is on paper.

What should I do? :confused: Should I just go ahead and file WOM? :confused:
 
PD current & 2nd Interview for i485 in NY office

My 485 interview & FP was done in 2005, y'day our lawyer received nd 485 interview & FP notice. Is this normal? Does anyone know anyone who had 2nd interview call for i485?

Following is my case trail...

----------------------
PD: April 30 2001
485 RD: April 22 2004
Finger print for 485 done on June 21 2005 (index finger, 10 fingers, picture & signature done)
Interviewed at NY Federal Plaza on July 13 2005
EAD 09/19/06
LUD change on 02/24/07
Letter received 02/27/07 for FP & Interview dated 02/22/07
FP on 03/01/07 9AM
Interview at Federal Plaza o 03/15/07 10AM
---------------------------
 
imcaffeine said:
I went to the NYC office by Infopass to confirm my name check status. however, the officer told me that the case was still "pending" (we all knew it), and the officer who interviewed me left a note that it was pending and she didn't update the status for "name check". So now I'm even more confused. I just wanted to find out if the name check is cleared to decide wether I file WOM or not. But how can I find the definite answer? I can't wait like an idiot based on the words the officer "said" instead of anything that is on paper.

What should I do? :confused: Should I just go ahead and file WOM? :confused:
Click to expand...

To get it on a paper you should either call the 800 number or, which I would prefer, contact your congressman/woman to inquire the status of your case.
 
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