I-94 & Advance Parole issue - Please help

G

gcnewapp

Registered Users (C)
I opened up this new thread and is the same as my response in
"after using AP, important issues!!" thread. You don't have to respond twice since I'll be checking both.

We applied for I-485 at VSC and receipt date is on 11/29/2001. Spouse's AP expired on 02/19/2003 and her EAD will expire on 03/05/2003.

Already applied for her EAD renewal but did not renew AP since she have no plans of leaving the country.

She used AP for re-entry on 05/06/2002. Immigration officer stamped on both I-94 and AP:

Paroled Pursuant to Sec 212(d)(5) of the I & N Act to: May 5, 2003
Purpose: DAI512 AOS
LOS5733 May 6, 2002

Did we make a mistake in not renewing AP? We thought you only need this for re-entry.

How about I-94 which will expire soon? Do we need to renew this as well? How?

I appreciate all your response.
 
AP is only required to travel. If your wife doesn't intend to do so, she doesn't need an AP. From I know reluctance to get an AP is by no means a negative factor.
As far as AP-based I-94, that's the tricky part. According to the law and current INS regulations, "adjustees" are admitted to legally remain in the US as persons "authorized by the Attorney General" until the adjudiacation process is finished. Technically I-94 - expired or not - has no relevance whatsoever on a "adjustee" status. In reality INS issues I-94 anyway. Until about a year ago they stamped it with "parolled indefinetely", whereas now they make it valid for a year from entry. Although no specific guidance has been received from the INS as to the meaning of this change, the fact remains - I-94 has no relevance on an "adjustee" status.
My attorney assures me that there's no reason to be worried - As an example if a person files fro I-485 with valid H1/H4 and lets it lapse and never travels, s/he will end up with expired (H1-B - based) I-94, however obviously the will be in status though I-485. Supposedly lapsed AP-based I-94 should make no difference either.
Overall it makes sense to consult you attorney before you spouse's I-94 expires - the whole AP/I-94 issue is a hot topic nowadays and maybe new regulations have been issued by the INS since January.
Good luck
 
Thanks - GCApplcnt

Thank you for your response. I agree with your opinion but I will also consult a lawyer to be safe.
 
It will be prudent to get a new AP (there is nothing like AP renewal) just ion case there is urgent travel involved. Spending 100$- is better than the uncertainty of travel authorization..
 
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