Advance Parole Issue: Not stamped when we used to re-enter and is expiring

M

maald

Registered Users (C)
Folks:

Pls help me out here: Advance Parole Issue: Not stamped when we used to re-enter in Virginia and is expiring in a week, which was issued by VSC.

Recently my 485 has been transferred (6/25/03) to LA local office and not sure whether they have files yet. My AP is expiring and my questions are:

- Can i apply in any BCIS sub-office within BCIS LA district?
(I may not be able to file in VSC now)

- Is it ok that at POE, they do not stamp AP and I-94 in some cases. (my I-94 good until '04 was taken while departing US?

-Since it is expiring in a week, do i need to renew it now? No plans of going out of US, but with the transfer, i pprefer to renew. But Q is will they accept at local office? (in the past they didnot let me apply for EAD renewal citing my 485 is at VSC)

Thanks
maald
 
Originally posted by maald
- Is it ok that at POE, they do not stamp AP and I-94 in some cases.
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Could you please elaborate what exatly is stamped/handwritten on your I-94?

It is quite doubtful that an immigration officer at POE would admit you in a different status from what you have been seeking... Well, actually, they do all the time (like B1/B2 confusion and student classifications), but to confuse AP with something else is quite an achievement, if you ask me.
 
Re: No I-94

Originally posted by maald
At POE, they did not stamp my filled-in I-94, so that is not the case here.
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So, on what grounds you were allowed into the country? You see, a missing I-94 indicates that you have entered the country without inspection. In other words, you have crossed the border from Mexico somewhere in the middle of the desert. Hence, the presence is illegal.

I'd suggest consulting an attorney on this. Fast.
 
Bitterman...Not sure you are right.

Q is whether AP need to be stamped or not by immigration inspector?

Can anyone tell me what AP stamp sates?

Is it necessary for AP holders to fill in I-94 to show at POE?

If yes, what do they stamp on I-94?

If they did not stamp AP and also did not ask for I-94 for inspecting and stamping, what is the problem?

In a nutshell, whether AP is stamped or not is irrelevant. Pending I-485 ensures being in status from RD of 485.

Any contradictions??

thanks
 
Re: Bitterman...Not sure you are right.

Originally posted by maald
In a nutshell, whether AP is stamped or not is irrelevant. Pending I-485 ensures being in status from RD of 485.
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Your AP is expiring in a week and there are still no records in BCIS database about your arriving. It means termination of your pending application for adjustment.
 
Re: Bitterman...Not sure you are right.

Originally posted by maald
Q is whether AP need to be stamped or not by immigration inspector?
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Yes, it needs to be stamped every time you enter using it.

Can anyone tell me what AP stamp sates?
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A standard POE stamp with a date. I'm so tired to go and check what's on mine.

Is it necessary for AP holders to fill in I-94 to show at POE?
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Yep.

If yes, what do they stamp on I-94?
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Three things are put on an AP I-94. Firstly, a stamp "paroled, yadda, yadda...", then a date (which is supposed to be an expiration date, but it seems to be not) and your A# on the back of the card.

If they did not stamp AP and also did not ask for I-94 for inspecting and stamping, what is the problem?
Click to expand...

It means that you have not entered the country legally.

In a nutshell, whether AP is stamped or not is irrelevant. Pending I-485 ensures being in status from RD of 485.
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Not necessarily. As Tasse points out, they have a record of you leaving, but have no record of you returning. Therefore, after AP expiration they may deem your I-485 abandoned.

Also, technically, you have begun accruing illegal presence in the country. For a long time I believed that it is not likely during I-485 stage, but now it seems apparent to me. Although, leaving quietly and entering properly with AP stamping and new I-94 may save you from INS wrath.

Again, consult your lawyer on this. S/he will have a better knowledge of your case and may advise better on how to deal with the situation at hand.
 
Thanks Bitterman - Do not have a lawyer -need to get one

Thanks Bitterman. Looks like, i got a big problem here.

Could this be a reason for my I-485 transfer after RFE to LA?

Couple of days back, i went to Santa Ana BCIS and showed my AP and asked if i can apply for renewal in the local office...besides asking for status on whether my 485 files were received.

He said i can apply there? And also mentioned my interview would be in Santa Ana based on my residence, and scheduling an interview will be around 3 months.

Hard to believe 3 months, but any similar experiences?

May be i should file for FOIA to get reasons for the transfer apply for AP renewal.

Any local attorney recommendations ??

Thanks
maald
 
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