Approval!!

Congratulations.

You say " technically am no longer an adjustee so my AP isn't valid and I obviously have no stamp". I don't understand here. You really didn't know when your I-485 would be approved before you went out of US. According to your meaning, anybody will have risk of entering US if his/her I-485 is approved while he/she is outside US with AP. Is that true? I wish someone make it clear because I'll be out of US next month with AP. In case my case is approved during that period, can I come back in July?
 
Hi Sydney,

My hearty congratulations to you. When you were writing about RFE, I knew it shouldn't be an issue at all in your case. Now I am glad that you got the approval. It is such a pleasant news to all of us. Good luck on your way home and I amsure you will make it without any problemls. Keep in touch. Good luck in all your future endeavors!!

Kamal
 
Thanks to everyone for the well wishes. To Blame TSC, I have no idea what the exact rules are. I have been told by some very senior immigration lawyers that this is a gray area that to date has not yet been litigated.

I was under strict instructions today not to open my mouth to the officer at the POE and tell him that I was approved today. Again, the strict rules are that you must be an adjustee to have a valid AP. Once your 485 is adjudicated, ie denied or approved, then it is no longer valid. Same if I applied for adjustment for my spouse today, it would be too late and I would have to sponsor her with an I-130, etc.

I understand that they can give you deferred inspection, but they don't like doing that.
 
Someone told me that a deferred inspection can be used when you are in limbo between 2 categories such as myself yesterday. My AP was no longer valid as my 485 was no longer pending. So if they knew that, then there was no means to allow me entry, so a deferred inspection would allow me to be inspected at INS when I go for stamping. It's not often used, but how else would I have been admitted yesterday.

Also, what if someone has no AP and they are approved on May 6/04 and they go to Canada/Mexico for the weekend on May 7/04 before they go for stamping as for stamping you need your approval notice which can take about a week to arrive in the mail. They come back to POE on May 10/04 with NO AP. How do they get back in? They have not abandoned their adjustment/485 as they were already approved before they left the U.S. Therefore I believe they get deferred inspection to go for stamping.
 
SydneyRacquelle,

I would think that it's much simpler than what you're describing.

The officer at POE can figure out that you left BEFORE approval and that it just happened that you were approved while you're out of the country.

Your fears might be true for somebody who left the country using an AP AFTER approval. Then, what you described might be applicable.

Just a thought...

Anyhow, what's important is that you're back safely...welcome back... ;)
 
Thanks nfn. What about in my situation when I really left on Friday morning, but my approval was completed on Friday afternoon, or vice versa and I have no AP, but I was approved on the same day or one hour before I left the U.S.. How do they possibly figure this out?? This is where deferred inspection might come in handy. Thanks for the well wishes!
 
SydneyRacquelle,
Where you coming in from Canada?
If so, did you cross US customs at either the Toronto or Montreal airports?
 
Toronto. But they're not the brightest as they just write on your AP "reparolled" and that's it. When I fly in to Miami from Europe or Mexico, they always make me go to secondary for a new I-94 card. Also when I drive to Buffalo I have to get a new I-94 card, but in Toronto airport, they never send you to secondary inspection.
 
That's a good tip. I'm a Canadian in the South Florida area also. Its good to know that Toronto is a bit more leniant than the other border crossings in case I ever need to use my AP. I've never had to use it.
 
There are instances when people have been approved while they were outside US. You are right, they use Deferrd Inspection. But it is no big deal or a lengthy procedure. All one has to do is to go to local USCIS office for stamping the PP and show that stamp to PoE officer within 14 days. That is all there to Deferred Inspection. He allows you to enter US but defers his inspection and checks the validity of your status upon stamping. But all this needs to be done within 14 days of arrival.
 
Sydney Racquelle,

Please post your experience of Deferred Inspection when you arrive.

Thanks.
 
I never got deferred inspection! I simply got back in on my AP from the primary inspection and was never sent to secondary. At primary, he had no idea that my 485 was approved.
 
Sydney Racquelle

Did you stamp your PP?
Did the officer asked you about I-94 at the time of stamping?
Did he noticed that you enetered US recently?

Your experience will be helpful to people on this forum.
 
Sydney Racquelle

Did you stamp your PP? Yes, we went on May 14 for stamping. See my thread about stamping experience.


Did the officer asked you about I-94 at the time of stamping? Not at all, he didn't even ask about AP or EAD...clueless about everything!


Did he noticed that you enetered US recently? No idea whatsoever, never mentioned, completely irrelevant.

Your experience will be helpful to people on this forum.
 
Canidain citizen?

SydneyRacquelle,

Do not Canadian citizen could work within States how ever long they like? that is, if you are a Canadian citizen, why would you need a US green card, since you could stay and work within US however long you like. Am I right?

dfkj45
 
dfkj45, you are incorrect in that Canadian citizens CAN visit the U.S. without a visa for up to 6 months at any time, no I-94 needed, BUT employment is forbidden without some work permit.

Also, even if a Canadian citizen is wealthy and doesn't need to work, he still can't live in the U.S. without a green card.
 
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