HELP: Need i-551 stamped urgently

warhound

Registered Users (C)
Hi,

My brother and his wife had their AOS interview on august 26th 2010 at the OMAHA center. She is a US citizen. At the time of the interview, the couple had mentioned to the officer that they will need to be travelling to Jamaica for their honeymoon around oct 22nd and had provided itineries.

The officer took copies and said there should be a response in mail within 2-3 weeks and not to worry about missing out on the honeymoon. After 6 weeks of waiting, their attorney made a infopass appointment (for first week of Oct) and the officers told him to tell my brother to make a infopass appointment in NYC and the officers here will stamp it. (my brother is in NYC for around a month... mother in law had bypass and is on bed rest).

My brother went today to get his I-551 but was in for a rude shock. The NYC center does not show a "approved" status in its computers. All it sees is "pending" because of which it refused to stamp a I-551. The NYC center advised my brother that the OMAHA center hasnt made a decision yet and to wait.

Problem is, our grandmother is at her end and we need to make a urgent emergency trip back home even before he can think about his honeymoon. If he makes a infopass appointment at the Omaha center would they have the same response as to "keep waiting? ?

As far as I know, once the immigration officer has made a succesful AOS interview with your US citizen present you are eligible for a i-551 stamp. Is this not correct ?

Could it be, that since the case was filed in the Omaha center, only Omaha can use its discretion to grant i-551 and not other centers ? Reason I ask is, its around $600 round trip and its money that could be wel spent. We dont want to hear the same "denied" heard over and over.

Even then, is it safe to travel on a valid passport with expired visa and i-797 notice of action for i-485 stamped ?(with biometrics) I hope TSA dosnt give trouble.
 
I-551 absolutely cannot be stamped before the case is approved. That is not a discretionary rule.

Why doesn't he have Advance Parole? Was he illegally in the US before applying for the green card, so he didn't bother to apply for AP since he wouldn't be allowed to use it to return due to his history of illegal status?

Even then, is it safe to travel on a valid passport with expired visa and i-797 notice of action for i-485 stamped ?
Definitely not.
 
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Well, apparently the advice given was to not travel on AP till after the interview as it could become troublesome on returning back since he had overstayed his original visa.

If i google stamping I-551 I come across various links in which people claimed to have gotton their passports stamped the day of the AOS itnerview.

Then again, on a differetn forum I was informed by the mod, that it dosnt happen anymore. And cases are never approved on the spot. Could this be correct ?

Thanks for your time.
 
That mod is wrong. Some cases are approved on the spot at the interview and the I-551 stamp is given. It's not very common, but it happens.

As far as I know, once the immigration officer has made a succesful AOS interview with your US citizen present you are eligible for a i-551 stamp. Is this not correct ?
Not entirely correct. Even if the interview itself is successful, they may still may need some post-interview review of the files and documents before finalizing the approval, especially if they didn't review the information thoroughly before the interview. In this case, that additional review was needed, and is still not completed.

Well, apparently the advice given was to not travel on AP till after the interview as it could become troublesome on returning back since he had overstayed his original visa.
How long did he overstay? If it was less than 180 days from the first day of overstay and the I-485 receipt date, he can return with Advance Parole. Otherwise, he needs to throw away the AP and wait for either the I-551 stamp or the GC itself.

I would suggest that they change their honeymoon to somewhere within the US, or a US territory like Puerto Rico or US Virgin Islands, if they don't want to delay it beyond Oct 22.
 
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