Are we parolee?

She already has AP documents approved and valid till OCt 2008. Her current h4 status is valid till April 2008. If I dont extend her h4, does she become out of status..eventhough she has valid EAD and AP and 485 pending. Does she become automatically paraloee status if i dont extend h4... Pl. advise.

Thanks
sfmars said:
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.
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Wrong

TheRealCanadian said:
Neither. She becomes an adjustee.
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There is no such status adjustee. Individual who doesn't mantain his/her status being on pending I-485 becomes out of status when original temporaty status is expired.

There is parolee or any visa status ....

You get status which is assigned to you by CBP at POE by officer, when you cross the border. When you leave the country being on the temporary visa you loose the status (surrending I-94) and may obtain one again when you come in.
 
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sfmars said:
There is no such status adjustee. Individual who doesn't mantain his/her status being on pending I-485 becomes out of status when original temporaty status is expired.
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Strictly speaking, you're right - she is probably in a period of stay "authorized by the DHS secretary". I shy away from saying "out of status" since that gives people the idea that they're not legal to stay.
 
Thanks RealCanadian and Smfars for clearning about my kid status...

Iam trying to get in touch with university if she needs to travel outside to change her status to "Parolee" (You get "Parolee" status which is assigned at POE by officer, when you cross the border with AP documents) to qualify for non-eligible citizen for FAFSA application. This seems to be very tricky situation only universities can decide...
 
sfmars said:
Individual who doesn't mantain his/her status being on pending I-485 becomes out of status when original temporaty status is expired.
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I don't agree with you. During AOS (I-495 pending) you don't need to have valid visa status (H-1B/H-4) or valid I-94:
b. INS has interpreted "period of stay authorized by the Attorney General" to include:
...
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident, the entire period of the pendency of the application ...
http://foia.state.gov/masterdocs/09fam/0940092N.pdf
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Some_GreenCard said:
Iam trying to get in touch with university if she needs to travel outside to change her status to "Parolee" (You get "Parolee" status which is assigned at POE by officer, when you cross the border with AP documents) to qualify for non-eligible citizen for FAFSA application. This seems to be very tricky situation only universities can decide...
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You will have to go ahead and fill out the FAFSA. The FAFSA will ask for your alien number. Since you are not a permanent resident FAFSA will come back saying that they cannot confirm your eligibility. At that point the university will ask you for documents.
 
Thankful...thanks for your reply.
Do you know what documents university will ask ? If I show AP documents, will that be suffice instead of travelling outside country and getting "Parolee" status in I94 using AP documents.

thankful said:
You will have to go ahead and fill out the FAFSA. The FAFSA will ask for your alien number. Since you are not a permanent resident FAFSA will come back saying that they cannot confirm your eligibility. At that point the university will ask you for documents.
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A question for people who have used their AP papers.

For how long did the DHS people admit you guys into the country?
 
We are trying to decide if these parolees qualify for federal financial aid, so the length of parole is a key factor.
 
Parolee

University asked me to provide I-94 with Parolee status for my child to be eligible for FASFA. They did not accept AP documents as replacement for I-94 with Parolee status. If I travel outside US, when I enter US @ Port of Entry...Do POE officer stamp I-94 document with "Parolee" status if i use my AP documents ?

Thanks
 
Thanks dma919...looking for good deals to travel some caribean countries to get I-94 stamped with "Parolee" status...what a weird system.
 
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