Advance parole problem (with wrong stamp)--Urgent

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urgentneedhelp

Registered Users (C)
Urgent, need your advise.
My AP expires in Apr 03, but has a stamp which was stampped by custome officer when I reentered US in last Dec. It is saying Parole till Dec 03. And then I travelled outside US in this Aug. When I came back, the custom officer told me the correct expiration date of AP should be Apr, but not Dec. So, I will have a deferred inspection in this week.

Does anyone have this case before? What I should do on the interview date? Bring my attorney? Show my I-140 approval? What the possible outcome will be? Do I need to refile my 485 allover again?

Any suggestions or thoughts are highly appreciated!!
 
The important question is, what legal strategy are you going to adopt?

The harshest possible interpretation of the situation is that you traveled in Aug '03 on an expired AP (expired Apr '03) which is the same as traveling on no AP at all, hence I-485 is considered abandoned.

Please talk to a lawyer ASAP. The first argument that appears to a strictly immigration-law-untrained person like me is to argue that:
1. you considered the stamped date of Dec '03, which was stamped by BCIS, as the expiration date of the AP in good faith
2. have otherwise been in status
3. have obviously not planned to break any immigration law

therefore you petition that the validity of the AP be retrocatively extended till Dec '03, as you should not be penalized for a mistake that would not have happened if BCIS had not mistakenly stamped Dec '03 in the first place.

Discuss with your lawyer what your second strategy will be if this does not work. You may want to negotiate with BCIS that your I-485 be allowed to stand, you be considered out of status for less than 180 days, and file 245i to legalize presence. Note that there is probably no precedent for this, this is only a bargain I am suggesting you try to negotiate with BCIS in the interest of letting your I-485 stand. No, this is not a fair offer to you. It is only a last ditch to avoid being penalized on a technicality.

Since the technicality is BCIS' fault in the first place, take a strong attorney with you and discuss your options first. Good immigration attorneys may also have access to case law and precedents that may be used in your favor. You must agree with your attorney on alternate courses of action before going into the interview.

The good news is, if they already allowed you inside on deferred inspection, chances are they will agree to extending AP retroactively.

No guarantees. You need an attorney for sure.
 
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What is deferred inspection?.

I faced the same situation but the text printed on advance parole approval is quite confusing. "Paroled until" does not make us elgigible to enter till the "until" date I felt. I in fact went thru the dictionary but failed to obtain precise interpretation.

What is deferred inspection?. You are lucky as at least you were let into USA.
 
You should consider your self lucky the immigration officer let u inside the country for deffered inpection. Normaly they will stamp your passport with some number stating it you have abandoned your 485. There were couple of caes posted like that on this board. Hire a lawyer ASAP and go there with him you might have some chance or else you can think of worst to best also.
 
Thank you very much, guys, especially, niladri30.
I will bring my attorney with me tomorrow. She said she handled this case before 9/11, but she has the strong intention to ask me to refile 485 and ask me to bring the completed documentations with me tomorrow. I will bring that for sure, but I want to wait till the last minute or if the INS officer asks for.

niladri30, could you please give me the full name of 245i? I couldn't find it on the INS web site. Also, my attorney didn't mentioned about "out of status for less than 180days" and 245i at all. Is any role saying about this? I can quote during tomorrow interview. Thank you very much in advance.

I had two conference calls with my attorney today. She said there is not case law or precedents that she may use to protect me. The only strategy she has is to plea the officer to forgive me. The action we agreed today is I will explian the story first and then she will "plea" from the legal way. If nothing works, we will promise we refile 485, which I filed in Mar 2002. Hope the INS officer can buy this.
 
Seems like your attorney is following the best course of action.

245i is not really relevant here, as I will explain below. Please DO NOT open your mouth AT ALL about 245i at BCIS, UNLESS you are about to be deported. It is the LAST ditch effort to do a give-and-take bargain.

Gurus can hopefully correct me on this: 245i is a mechansim to legalize your status if you have been out of status for less than 180 days. Involves filing an application and paying a S1,000 fine. Obviously, it has NO relevance here, but sometimes cash strapped departments wil bend rules without breaking them if it means more revenue. Obviously, it has to be presented nicely: as you paying a fine... etc. They might still not accept it. But it is worth trying if ALL ELSE is failing.

ADDED LATER: There may have been a deadline for 245i and it may not be available as an option anymore. Check with your attorney.
 
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I had a somewhat similar case earlier this year. On return from Europe with a new APD, the immigration officer (at SFO) stamped an incorrect date - April-03 when they should have stamped July 2004. On my next travel out of US (to Canada), i pointed this out to the Immigration officer with the APD (paroled till July 2004) and he said "It happens all the time" and scratched out and signed with the July 2004 date.

IN any case, let your attorney do the talking.
 
Originally posted by niladri30
Seems like your attorney is following the best course of action.

245i is not really relevant here, as I will explain below. Please DO NOT open your mouth AT ALL about 245i at BCIS, UNLESS you are about to be deported. It is the LAST ditch effort to do a give-and-take bargain.

Gurus can hopefully correct me on this: 245i is a mechansim to legalize your status if you have been out of status for less than 180 days. Involves filing an application and paying a S1,000 fine. Obviously, it has NO relevance here, but sometimes cash strapped departments wil bend rules without breaking them if it means more revenue. Obviously, it has to be presented nicely: as you paying a fine... etc. They might still not accept it. But it is worth trying if ALL ELSE is failing.

ADDED LATER: There may have been a deadline for 245i and it may not be available as an option anymore. Check with your attorney.
Click to expand...

Eventhough 245(i) is not relevant to this case, just thought of clarifying certain discrepancies mentioned here.

245(i) can be used if your are out of status for more than 180 days and you have to pay $1000 fine. For less than 180 days 245(k) has to be used and no fine for this situation.

Life act(section 245 ) can be used if you have applied for permanent residency before April 30, 2001. Usually this deadline gets extended every other year(before elections) but last time in 2002 they didn't extend this deadline (impact of September 11, 2001?????).
 
Edison,

Thanks!

Do you suppose urgent's attorney could have done better? Any bargains possible even now? (He's been asked to refile)
 
Originally posted by niladri30

Do you suppose urgent's attorney could have done better? Any bargains possible even now? (He's been asked to refile)
Click to expand...

Obviously, his attorney should have handled this situation better. The attorneys who have the experience of handling the illegal immigration cases or deportation cases would have helped him much better.
But he should be thankful considering that he was not deported rather he was asked to refile with in 90 days, I heard that usually at POE they don't accept the expired AP even if they were paroled longer than the expiry date of AP, so they were sent back.
 
Urgentneedhelp


I am not sure if you could help me or not. I have a situation, I and my wife had valid I-485 and Advance Parole and our AP is valid till 18th December 2003. and my wife left to India in August 2003 when our I-485 was valid when she was in India our I-485 was withdrawn by my previous company and then I filed MTR for my case and I got approved in November 2003 and they reopened my I-485. My lawyer told me that since your I-485 is approved, we will file MTR for to reopen your I-485. Same way I filed MTR for my wife too. Her current Advance Parole is valid till 18th December 2003 and she is coming on 12th December 2003 and I am not sure her I-485 will be reopened within that much time.

She is having AP which allows her to enter USA before 18th December 2003 but since her I-485 is not valid do you think they will not allow her to enter in USA.

Do they check whether your I-485 is valid or not or they just look at your Advance Parole and let you enter in USA.

I will appreciate if could reply on this .

Thanks
 
Parolled stamped on my passport

I am married to a us citizen and we have been married for like 3 years now and before i came into the country i applied and did all the process and i got my green card which was automatically issued for 10 years cause i been married for over 2 years before entering the united states,so after i was in the united states for like 7 months i took a trip back home to attend to some issues and spent a month and came back and at the point of entry i was stopped by the cbp and they delayed me for like 7 hours saying they expecting a call from uscis but since i came in on sunday thier office is closed so he stamped parroled on my passport and wrote deffered inspection and he gave me my passport and took my green card from me and said that when i go to the los angelles deferred office there i will be given my green card back and i ask whats wrong he said nothing that they just wanna check that they have to go get my file that i submitted on my 1st day of entering and i asked him should i go there with any documents he said nope,so now i am worried what could be wrong cause all my documents are genuine no offence so i dont know why i got that deffered inspection and i came in through atlanta and my final destination is los angelles so i am referred to the los angelles deferred inspection office so what should i expect?
 
Need some advice on wat to expect

I am married to a us citizen and we have been married for like 3 years now and before i came into the country i applied and did all the process and i got my green card which was automatically issued for 10 years cause i been married for over 2 years before entering the united states,so after i was in the united states for like 7 months i took a trip back home to attend to some issues and spent a month and came back and at the point of entry i was stopped by the cbp and they delayed me for like 7 hours saying they expecting a call from uscis but since i came in on sunday thier office is closed so he stamped parroled on my passport and wrote deffered inspection and he gave me my passport and took my green card from me and said that when i go to the los angelles deferred office there i will be given my green card back and i ask whats wrong he said nothing that they just wanna check that they have to go get my file that i submitted on my 1st day of entering and i asked him should i go there with any documents he said nope,so now i am worried what could be wrong cause all my documents are genuine no offence so i dont know why i got that deffered inspection and i came in through atlanta and my final destination is los angelles so i am referred to the los angelles deferred inspection office so what should i expect?
 
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