Advance Parole and I-94 Validity

S

Sharabi

Banned
This I found it on usvisanews.com, does anyone have any update on this ? If we have entered using AP and I-485 is still pending past the expiry date on I-94......what do we have to do ? should we renew it from Local INS office ?
----------------------------------------------------------------------------------

> In an October 17 teleconference, the INS addressed the its recent
> decision to admit for up to one year individuals who re-enter the U.S.
> with an advance parole travel document, replacing the previous policy
> of admitting such individuals for an indefinite period. In this
> teleconference, the INS suggested that the expiration of the I-94 will
> not create unlawful presence, so long as an I-485 application is
> pending and provided there are no other issues. The INS did go on to
> say, however, that they have deferred to Inspections to clarify this
> matter as well as other questions including how to renew the I-94.
 
AND U KNOW THIS FOR SURE ?? it used to be like what u are saying before......are u sure that it is the same even now ?? if that's the case why they don't issue I-94 for indifinite period instead of for 1 year ?
 
Originally posted by Sharabi
AND U KNOW THIS FOR SURE ?? it used to be like what u are saying before......are u sure that it is the same even now ?? if that's the case why they don't issue I-94 for indifinite period instead of for 1 year ?
Click to expand...

I have no clue what INS was thinking when they did this. I don't they even know what to do with it - since I don't know how a parolee extends his/her stay.

What I know is this - upon expiration of your I-94 you are no longer within "legal status" as a parolee, but you are in "a period of stay authorized by the Attorney General" based on your pending I-485 filing. The long and the short of it is that you are legal.
 
Sharabi,

you're a peculiar inquirer, indeed.. You didn't expect to get an answer from the US Attorney General, or the Director of BCIS, or one of the 9 Justices of the Supreme Court, did you?.. They would be able to give you a definitive answer.. RealCanadian's response reflects his and many others' experience as well as the de-facto standard used by the Legacy INS and the BCIS on how expired I-94 should be treated when one's AOS application is pending.

Re: the 1 year expiration date.. It makes perfect sense. Should one's I-485 be rejected, the applicant would be required to leave the country immediately after the date indicated on I-94.. Should he/she fail to do so, his/her presense would be considered unlawful thus triggering all sorts of consequences, penalties and possible entry bans. In case of "paroled indefinitely", it wouldn't be clear when the unlawful presense should begin.

Of course, if the applicant's petition is approved, the expired I-94 becomes just another meaningless piece of paper.
 
You must log in or register to reply here.
Top