Are we parolee?

V

vikadri

New Member
Hi Everybody,

Please give me some advice in the following issue. I'm so confused with terms since we applied for AOS.

I applied for AOS in July with my family members. I have the H1-B, the rest of the family have H-4
My older son is attending in a college and we started to fill out the FAFSA. It says "he is eligible for aid if he has "parolee" stamped in his I-94" and can prove from USCIS tha he has aplied for AOS.

His I-94 has "H-4" stamped. How can we have "parolee" stamped in his I-94? Do we need to leave the country for that and come back on AP? Is there any other way to do it?

Thank you for your respond

Vikadri
 
vikadri said:
Hi Everybody,

Please give me some advice in the following issue. I'm so confused with terms since we applied for AOS.

I applied for AOS in July with my family members. I have the H1-B, the rest of the family have H-4
My older son is attending in a college and we started to fill out the FAFSA. It says "he is eligible for aid if he has "parolee" stamped in his I-94" and can prove from USCIS tha he has aplied for AOS.

His I-94 has "H-4" stamped. How can we have "parolee" stamped in his I-94? Do we need to leave the country for that and come back on AP? Is there any other way to do it?

Thank you for your respond

Vikadri
Click to expand...

No other way (to my best), go out and re-enter
 
Eligibility

vikadri said:
Hi Everybody,

Please give me some advice in the following issue. I'm so confused with terms since we applied for AOS.

I applied for AOS in July with my family members. I have the H1-B, the rest of the family have H-4
My older son is attending in a college and we started to fill out the FAFSA. It says "he is eligible for aid if he has "parolee" stamped in his I-94" and can prove from USCIS tha he has aplied for AOS.

His I-94 has "H-4" stamped. How can we have "parolee" stamped in his I-94? Do we need to leave the country for that and come back on AP? Is there any other way to do it?

Thank you for your respond

Vikadri
Click to expand...

Unfortunately, your son is not eligible to file FAFSA:

http://studentaid.ed.gov/PORTALSWebApp/students/english/aideligibility.jsp?tab=funding


If you do not have physical greencard in your hands and you are not citizen
see criteria for non citizens

http://studentaid.ed.gov/students/attachments/siteresources/StudentGuide_elignoncitizen0708.pdf

If you’re not in one of these categories, you must have an Arrival-Departure
Record (I-94) from U.S. Citizenship and Immigration Services (USCIS) showing
one of the following designations:

......

“Parolee” (You must be paroled into the United States for
at least one year and you must be able to provide evidence
from the USCIS that you are in the United States for other
than a temporary purpose and that you intend to become
a U.S. citizen or permanent resident.)
Click to expand...

Even if you come to US based on the Advanced Parole, your parolee status will be less than one year.
 
asperansky said:
I disagree with sfmars. My daughter applied for FAFSA as parolee and was approved.
Click to expand...

Interesting,

Could you provide more details ?
I am interested because my daughter is also going to college next year ?

If she had in her I-94 parolee status for more than one year or less?
When she got Financial Aid if her status was still AOS pending ?

http://studentaid.ed.gov/students/attachments/siteresources/StudentGuide_elignoncitizen0708.pdf

this is an official government web site and it says exactly "paroled into the US at least one year".

PS: I would be happy to be wrong. It is very good that worked for your daughter but I think it was either mistake or she had different status.

I really appreciate if you provide more details
 
Last edited by a moderator:
Student AID

I am in the same boat, I too have greater interest in knowing the outcome to apply for student aid. My daughter is joining college this fall and we received our EAD and AP in October/November 2007.

Regards
Shiva
 
Thank you for all the useful information. I think we will try to file it and see what happens. I hoped maybe there was another way to get the parole status in the I-94 but I guess I need to send him somewhere outside of the country.


Thanks again!

vikadri
 
sfmars said:
... this is an official government web site and it says exactly "paroled into the US at least one year".
Click to expand...
When you come to US based on the Advanced Parole, your will be paroled exactly for one year. For example, if you cross a US border July 29, 2007 you are paroled from July 29, 2007 to July 28, 2008. IMHO, this satisfies to the above cited official document to be eligible for FAFSA.
 
Federal Finantial Aid

To all:

1st step: Well, she was approved from the FAFSA side - there were not any questions regarding her eligibility.
2nd step: She applied for student aid to her college using FAFSA approval, the college financial aid office verified her immigration status with USCIS and approved her for the financial aid.
3rd step: She started the process too late for 2007-2008 (October 2007) and did not received the aid for this school year based solely on late submission (the explanation was that the school ran out of money for this year). She went to financial office and verified that it was not due her immigration status ineligibility.
4th step: She will repeat the same process for the school year 2008-2009 but she will start it right after the tax returns. I don’t think that anybody pays attention to these 1-year b/s parolee regs as long you can prove that you are intending to stay in the county permanently.
The I-94’s stamp says “parolee” and gives you a whole year stay from the return to US. The one last thing: she might go to Mexico in March and get a new stamp. The system is f***ing us up, why don’t we take advantage of it ?
 
Last edited by a moderator:
Thanks asperansky for the information. One more question: when you filled the application out what number did you use for the Alien Registration Number?

Thanks in advance for your answer!

Vikadri
 
Not so lucky!!!!

asperansky said:
I disagree with sfmars. My daughter applied for FAFSA as parolee and was approved.
Click to expand...

Last year, my wife applied for FAFSA as parolee. She was on H4 prior to entering as a parolee. Her application was rejected. She was told that entering as a parolee on AOS will not make her eligbile. Rather she should have entered the country the very first time on a parolee status:mad:. She went and talked in person to the fin aid officer at UofM, but they kept insisting that she does not fall into the non eligible citizen category.:confused:

Motown Bro
MI/RIR/EB3 ROW
PD:12/2003
Labor approval notice on 04/07/06
I140 AD 09/06
I485 PD 06/07... AD 09/07:D
Spouse I485 PD 06/07..... AD????:mad:
 
Alien number

vikadri said:
Thanks asperansky for the information. One more question: when you filled the application out what number did you use for the Alien Registration Number?

Thanks in advance for your answer!

Vikadri
Click to expand...

Use the A # from the I485 receipt notice.
Motown Bro
MI/RIR/EB3 ROW
PD:12/2003
Labor approval notice on 04/07/06
I140 AD 09/06
I485 PD 06/07... AD 09/07:)
Spouse I485 PD 06/07..... AD????:mad:
 
The parolee status mentioned on the FAFSA refers to people paroled into the United States in a special refugee-like program, not advance parole people.
 
it is not correct

thankful said:
The parolee status mentioned on the FAFSA refers to people paroled into the United States in a special refugee-like program, not advance parole people.
Click to expand...

http://studentaid.ed.gov/PORTALSWebApp/students/english/aideligibility.jsp?tab=funding

see eligible non citizens

It is not true. They do not say so in FAFSA official document.
My strong opinion is that there is wrong interpretation of some Universities' financial aid departments parolee status. I heard when people got financial aid being on AOS parolee status fighting with Universities authorities.


Advance parole people have status parolee in their I-94 forms.


If you’re not in one of these categories, you must have an Arrival-Departure
Record (I-94) from U.S. Citizenship and Immigration Services (USCIS) showing
one of the following designations:
• “Refugee”
• “Asylum Granted”
• “Cuban-Haitian Entrant, Status Pending”
• “Conditional Entrant” (valid only if issued before
April 1, 1980)
• Victims of human trafficking, T-visa
(T-2, T-3, or T-4, etc.) holder
• “Parolee” (You must be paroled into the United States for
at least one year and you must be able to provide evidence
from the USCIS that you are in the United States for other
than a temporary purpose and that you intend to become
a U.S. citizen or permanent resident.)
 
sfmars said:
http://studentaid.ed.gov/PORTALSWebApp/students/english/aideligibility.jsp?tab=funding

see eligible non citizens

It is not true. They do not say so in FAFSA official document.
My strong opinion is that there is wrong interpretation of some Universities' financial aid departments parolee status. I heard when people got financial aid being on AOS parolee status fighting with Universities authorities.


Advance parole people have status parolee in their I-94 forms.


If you’re not in one of these categories, you must have an Arrival-Departure
Record (I-94) from U.S. Citizenship and Immigration Services (USCIS) showing
one of the following designations:
• “Refugee”
• “Asylum Granted”
• “Cuban-Haitian Entrant, Status Pending”
• “Conditional Entrant” (valid only if issued before
April 1, 1980)
• Victims of human trafficking, T-visa
(T-2, T-3, or T-4, etc.) holder
• “Parolee” (You must be paroled into the United States for
at least one year and you must be able to provide evidence
from the USCIS that you are in the United States for other
than a temporary purpose and that you intend to become
a U.S. citizen or permanent resident.)
Click to expand...


Thank you for your input. This is an interesting question. I will contact the Department of Education to see if there is an official answer either way.

I think there are reasons to think that they do NOT mean to include advance parolees.

First, look at the list of eligible non-citizen statuses. Apart from green card holders, every status (refugees, persons granted asylum, Cuban-Haitian entrant, conditional entrant and victims of smuggling) involves a compelling humanitarian concern. They are people who have suffered some kind of harm and are being permitted to remain in the United States because of their suffering. Going by Ejusdem generis (a fancy way of saying that if "a list of two or more specific descriptors are followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them"), the term of parolees must be confined to mean people who have been paroled into the country for humanitarian reasons.

Also, making adjustment eligible or ineligible for financial aid simply on the basis of having gone abroad and then come back seems to be unreasonable. It raises serious questions of fairness for adjustment applicants who are not able to travel abroad.

Also, the federal welfare law also states that parolees are eligible for benefits like SSI and food stamp. However, the agencies running the welfare programs have not given out funds to advance parolees.
 
A friend of mine was told by the DOE (not customer service but at a high level since he fought hard for it) that as an I-485 applicant who had come back under AP he was not eligible. They said that only people paroled in under refugee-like situations counted.
 
I just spoke to my company HR dealing with Immigration paperwork. He advised not to pursue my kids' h4 extension and this will move her to Parolee status automatically... I dont believe this.... I still planned to call university financial aid office to find out FAFASA aid ...

Any thoughts or experience pl. post here & this will help parents like me.

Thanks,
 
Some_GreenCard said:
I just spoke to my company HR dealing with Immigration paperwork. He advised not to pursue my kids' h4 extension and this will move her to Parolee status automatically... I dont believe this.... I still planned to call university financial aid office to find out FAFASA aid ...

Any thoughts or experience pl. post here & this will help parents like me.

Thanks,
Click to expand...

He was wrong. It will move her to Out Of Status when her H4 is expired, however her presence in US will be not counted as illegal due to pending I-485.

To get parolee status you need to buy AP from USCIS for your kid and your kid has to come to US with that AP, at the port of entry CBP officer may accept her in parolee status and write on the I-94 status PAROLEE and duration.
 
My two sons: Ineligible for FSFA

My two sons applied for FSFA, their applications are pending I485 since December 2004. Once you enter information for FSFA about legal status (A#, etc), the Department of Education send this information to DHS (where?, no clue). In my sons' cases DHS never replied to DOE even after DOE sent info again second time. Finally, both sons received "Ineligibility Notice" because the "Legal Status" that is never verified or confirmed by DHS. Based on these notices, there was a stream of letters received for "Ineligibility / Excuse". from various places including "State Education" department.
By the way "Selective Services" got legal inforamtion from DHS and sent letter to my sons to register, that they did. weird...???.
Give it a try, but most probably, the DHS will not return confirmation, verification at least for student's education.
I think it will help.
 
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