Entered US on AP, I 94 not marked with till date by officer

Rahul Bhandari

New Member
2. Rentered US on AP, I94 not stamped with till date by officer
Posted By: Rahul Bhandari 3/1/02 7:59 PM
(#2 of 2)
Dear everyone,
I successfully entered US on AP on 1/11/02. The officer stamped my I 94 with a date of 1/11/03. What does that mean? If my I 485 is not approved by that time (1/11/03) would that mean that I am out of status or if I have to leave US again before 1/11/03 on AP to keep date on my I 94 current??

Thanks for help
 
AP\'s validity.

That is the parole\'s validity. The assumption is that INS adjudicates cases in a year. All you have to do is renew the AP after the expiry date if you need to travel out of US then.
I485 AOS is your status.
 
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Dear Jaxen,

Parole\'s validity is the date stamped by the officer at POE or the the date of validity of the AP (which is one year from date of issue of AP). Obviously these two dates are different because I didnt use my AP on the same date as it was issued.

Thanks for your help
 
That may be an error requiring correction by INS

My two cents is that the immigration officer goofed up. If your AP is a multiple entry, your I 94 should say paroled indefinetely. If he gave you a date, it means you are allowed to be in the US until that time. From what I have been hearing from the INS and the lawyers is that immigration officers make mistakes at the port of entry and you may have to go the nearest port of entry to get your I 94 corrected. Seek advise from your lawyer.
 
Even if INS officer goofed up...

the AP I94 does not determine one\'s status since the applicant is on AOS. As long as the 485 is pending status will not be affected by anything else.
 
Jaxen, please reply

Jaxen, I will very much appreciate your input on this : My AP was issued on 8/20/01 for 1 year, but I entered USA on AP on 1/11/02 and I 94 is stamped with date of 1/11/03. So my question is whehter my AP is valid until 8/20/02 ( 1 year from issue of AP) or until 1/11/03 (date stamped on I 94) and also should I get a new AP before 8/20/02 or 1/11/03.

Thank you very much for your input.
 
You should get a new AP for travel after 08/20/2002.

This I94 is used to track your movements in and out of US in an adjustee\'s case, unlike for the non-immigrant visas. You are in the transition stage from mon-immigrant to immigrant status.
 
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