I-94 taken during A.O.S Interview.

P

prasad_naidu

Registered Users (C)
If during the Interview process the INS officer takes the I-94 card, ( looks like for some they are taking it & for others they are not).. it is ok to still travel out of country..

I recently had an interview and my I-94 was taken by the official, and issued a letter saying the AOS approval is pending..

I am planning to visit India on A.P. is it ok..

rdgs
Prasad
 
It is a thumb rule that if you are not having vaild VISA or AP you can not enter in to USA.
If you don't have I-94 then in that case you must prove that your stay was not illegal/overstay and that you can prove by showing some photocopy of your old I-94 and letter from INS, and while coming back use your AP.

Its my guess, lets see what gurus says.
 
Here's my take...
Expired or non-epxpired I-94 is taken away when you leave the country, not when you re-enter it. Some of them get lost or incorrently entered into INS system, so INS cannot fully rely on them to establsih if you have been here legally previously.
Further, it's quite alright to let your original I-94 expire after your AOS is filed - AOS will keep you in status as long as you were in status when you filed. EAD/AP will give you right to travel and work. In fact, I-94 is of no consequence for adjustees - at least that he been a common INS practice.
Your I-485 is still pending therefore you're allowed to travel with AP. If you haven't accumulated unlawful presense before filing I-485 - and this is very important - you should be able to re-enter US with no issues.
You might want to take your I-485 recepit with you - this has the date of filing on it and - as long as that date is before expiration of your original I-94, that shows your legal presense. Taking the "per-approval" letter is a good idea as well.
And, as usual, if in doubt, consult a lawyer - you can try asking Ron Gotcher at http://www.immigration-information.com for instance.
Good luck
 
What if I-94 expired before fillimg I485

Dear expert PCApplcnt !

I like your article. Can you please reply on :

What will happned if my spouce visit India on AP with AOS, but
hte I-94 was expired before 3 months when I applied for I-485 ?

Regards
Bapuji
 
Thanks, not sure if I qualify as an expert, but here's my take on this:
Leaving the country could potentially be a problem for your wife. AP does not gurantee re-entry, especially if unlawful presense has been accumulated. Please read INS Foreign Travel Advisory (http://www.ins.gov/graphics/publicaffairs/advisories/02.11insissu.htm) for further information. All AP holders go through secondary inspection, which may confirm unlawful presence in the past. If your wife has been out of status for less then 180 days she's not subject to 3 or 10 year ban, however this is definetely not a comfroting factor here. I'd highly suggest consulting a lawyer before leaving the country - I'm not one and this is a somewhat gray area so...
Hope this helps
 
You must log in or register to reply here.
Top