I got my emergency AP at SJC

pceefan

Registered Users (C)
Hi

I had been to San Jose office to apply for my emergency AP last Friday and got the approval the same day.

1. Reason for emergency was a family emergency in India which necessitated this travel on an immediate basis

2. Officer at the ground floor asked me the reason, I showed him the fax from the doctor and he said he would give it for 10 weeks

3. I argued with him saying if the AP is valid for 10 weeks only and if I need to stay in India for more than 10 weeks then the whole point is defeated

4. He said that's that, called his boss who said it is at the discretion of the officer

5. I argued again but my words just reflected back on to me from the dreary walls!

6. Then officer writes on form 131 and asks me to go upstairs for an interview

7. Then a very understanding senior officer asks me all questions on the AP and the story behind my using the first AP for 6 times

8. He also asks me to jot down the exact dates of arrival and departure from the US and reasons for each visit

9. I give him all that and he goes in and comes back after 30 mins saying my IBIS and FBI check is OK..man that was fast

10. Now comes the most interesting part, he looks at the recco by the first officer and says why I asked for 10 weeks months and not a year!! I told him that I asked for a year but was given 10 weeks

11. He summons officer on phone, gives him a low key earful and tells him what to do next time

12. He says Voila! approved, one year from Sep 26th to Sep 25th 2004

NOW COMES THE SHOCKER

He asks me to see that I come back ASAP, I ask him why, he says "Your 485 will be stopped for the time you are outside of the country and processing will resume only after you come back!" He says read the notice in your AP it says exactly that.


Now I don't know whether to ;) or to :eek: am :confused:

So let me start by asking the forum how true is the SHOCKER

If it is I am in badddddddddd troubleeeee :D
 
Originally posted by pceefan
He asks me to see that I come back ASAP, I ask him why, he says "Your 485 will be stopped for the time you are outside of the country and processing will resume only after you come back!" He says read the notice in your AP it says exactly that.
This is news to me! Will check with my lawyer and get back! Suggest you do the same. Somehow I am personally very sceptical of this view that travelling on AP will stop 485 processing. What about the people who have received approvals when they are out of the country? Waiting for other comments.

If this is true then it is better to travel on H1 than AP!
 
Looks like the officer is pulling a fast one. Well, if the application is in Storage, I really doubt if anyone on receiving the notification that the applicant is out of the country is going to go there, retrieve the application, say "hold" and put it back. then on getting the notification that the applicant is back go to the storage and revert the status. Well,it could remain there in the 1st place.

just the sheer logistics of doing this appears mind boggling. Not sure how this would work.

may be a fast one.
 
I thought that it was a gimmick too, but the logic could be this" BCIS is implementing every word of the law" - this is a given fact and maybe so far they were not bothered checking whether the applicant was out fishing in Canada or tying the knot in India or trekking the Canyon :D

But post 9/11 they are paranoid about not following the law to the last letter and may be they have a system that automatically logs you off when you travel ( May be the returned I 94 triggers this?? ) and won't log you back in the queue till you return where in the immigration officer says welcome back buddy and clicks the "Alien returns" button :D
 
I have heard the same last week

Went to India on AP for 3 weeks in September, and when I came back to US last week, my relative (who went through GC process about 7 years ago) advised me to notify INS that you are back, and that I wish to continue my GC process.

Looks like they might have automated that step by tracking the arrival date on AP at port of entry, and probably there exists a law that when your out of the country on AP, your GC process (if touched, and being reviewed) will be temporarily halted.

my 2 cents...could be wrong
 
My Lawyer has

1. Advised that no travel on AP should be for more than 90 days, this was his'"assertion" not an explanation!

2. 485 will continue to be processed even when applicant is out of the country!! whew
 
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