Expired I-94 cards?

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NS485

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What do you guys think of this:
http://www.usvisanews.com/memo1878.html
By Kim King Friday, October 11, 2002

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.
 
Last week, I posted the same information: http://boards.immigration.com/showthread.php?threadid=63527

In my opinion, this is a bad news leading to further uncertainty. Let me give an example: My I-485 RD is Feb/2002, and, say, I went abroad and I re-entered the US on AP in March 2002. The new I-94 will now have validity until March 2003 only. If my I-485 is not approved within a year (due to say, RFE or local transfer; or due to accumulating processing times), then according to this memo, my status will become illegal after March 2003 unless I go outside the US and re-enter using AP before March 2003 just to obtain another I-94!!! Isn't it ridiculous? This is really grave and potential danger for many who don't know about this crazy memo. INS should further clarify it.

However, those who never use AP, or those who travelled after 6 to 8 months from their I-485 RD will presumably be the least affected or virtually unaffected.

Best wishes,

Jigesh
 
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Yes, it could be a scary situation for some folks. I wish INS would give more details on this policy.
 
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