check this out - looks like trouble ahead

K

kuldeepc

Registered Users (C)
Source:
http://www.usvisanews.com/memo1878.html


On October 7th we posted a short statement regarding the INS policy recently shared with the American Immigration Lawyers Association (AILA) that the period of authorized stay issued to individuals who enter the U.S. using advance parole will be limited to one-year. The INS has not yet offered guidance to further detail resulting questions, however we hope that some guidance will be published shortly.

Nonetheless, the IMMEDIATE and SIGNIFICANT effect of this INS policy is the limitation of a previously relied upon premise that an adjustee will have his/her lawful stay preserved throughout the pendency of his/her I-485. We remind clients and readers once again that lawful stay is directly linked to possession of a valid I-94 card or, in some circumstances, a pending application/petition filed before the applicant/beneficiary's prior I-94 card expired. However, based on the newly announced INS policy on use of advance parole, the issuance of an I-94 card WITH AN EXPIRATION DATE will determine the period of authorized stay regardless of the ongoing pendency of an I-485.
 
Some INS guy once told me (at POE) that I could not travel on H1 because my I-485 was pending. I had to tell him to get a refresher course on "immigration". He got very upset, fortunately his supervior was around ; I told him the story and he let me pass. We are dealing with stupids here.

So if you don't go out ever, your stay remain valid foreever during pendancy of I-485; But, once you take a short trip out, you are screwed .... does not make sense. This will be a major policy change, INS can not change such long standing policy like that without going through long procedures including comments from public. I am not sure if this is a policy we are talking about or law. If this is a law (very much possible) than INS has no power to change it.

Don't panic.
 
Last edited by a moderator:
Got lawyer's advice on this.

My lawyer mentioned that this is very consrevative interpretation one is always in valid status on account of pending 485.
 
With 485's taking so long to approve now, this could mean serious trouble. IMHO, they won't implement this.
 
tikoji :

One is always in valid status on account of pending 485 and a valid work permit (either h1b or EAD)
 
You must log in or register to reply here.
Top