my experience with INS office in this past week--deferred inspection

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urgentneedhelp

Registered Users (C)
I was just recovered from the shock I had on this past Thursday. Sorry for replying to you guys late.
The deferred inspection experience I had with INS office on Thursday was I had been waiting for about 2 hours and was told to come to the counter. Of course, my attorney was with me. And then I was told that I was given 90days parole to the country and refile my 485. (I and my spouse filed 485 in Mar 2002). I tried to explain why I was out off status (because of their stamp saying paroled untill Dec 2003). The officer said" yes, I understand". And then my attorney said " they have been waiting for 485 for one and half years". The officer said "Yes, I understand, but you need to refile 485. You will get a rejection letter for your current 485 application and you need to refile it within 90 days". The whole process took about one minute and cost me $800 for my attorney fee.

The worst part is I don't know I need to refile my EAD or not since I renewed it in this June and haven't got the new EAD yet. I hope the rejection letter can give me some mercy of EAD.

OK, I am preparing my 485 files right now. Could you please advise on some questions on form 485?
1. "in what status did you last enter?" I think it should be AOS?
2. "Nonimmigration visa number? Date of visa issued? where the visa issue?" "I think it should be "N/A" since I am on 485 pending till I refile my next 485.
3. "Have you ever before applied for Permanent Residence status in the US? If you click Yes, please give the date, place to file and final disposition." I don't know how to answer the "final disposition".

The last concern, is there any possibilities I can combine with my spouse 485 case? If not, God will know how long I need to wait.

Thank you very much for listening my story, sharing my pain and answering my questions. I feel horrible during the past few days and might be in next two years too.
 
more detail

Hi,
Little hard to interpret your post. Understand you are tense and disturbed.

What is the reason for rejection of 485?

Do you have a job presently?


thank you
LW
 
Question for Niladri

Niladri,

I have a question. I had a an AP which expired on June 2003.
Last time when I went to India in January 2003 and returned in the same month, my I-94 was stamped until Dec-2003.

My question is :

What will be my status after December 2003 ?

Do I have to apply for AP again and get out of the country and enter again to have a new I-94 ?

Or I am fine as my I-485 is pending.

By the the way I have an EAD valid till June-2004.
 
needneed,

i think you are fine as you have a 485 pending. in the case of urgentneedhelp, he had gone out of the country on a expired AP. When you need to travel make sure u have a valid AP to come back in.

I am not a lawyer, please consult one.
 
urgentneedhelp

I think you should consult an attorney (a new one?) for help with refiling. I think the following, but please confirm with a lawyer

0. You ahould fille for an EAD along with your new I-485 application
1. On what status did u last enter can be AOS only if the AOS was not already considered abandoned when you left the USA. You need legal opinion
2. I don't think you are '485 pending' till you refile. You are 485 rejected (not the same thing as denied) with permission to maintain legal status within 90 days and refile. So again, I would say, seek legal opinion
3. Final disposition: I don't know either. Something along the lines of 'Application Rejected MMDDYY. Instructed to refile by MMDDYY+90' ?

If you are wondering why I am replying if I don't know the answers, it is because I am concerned that you are still seeking answers in the forum. Your situation is complicated. You must see a lawyer.

I take the liberty of reminding you that it appears that your current lawyer seems to have made no attempt to ask the IIO for permission to talk to a supervisor to plead for a further meeting for some kind of bargain. Whether she would have succeeded is secondary, but there seems to have been no attempt either, if, as you say, it was all over in one minute. I would change attorneys.
 
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This case seems like penalization for a fault by the immigration officer in stamping the AP wrongly. I don't see why urgentneedhelp should be penalized for it.

urgentneedhelp,

Did you knowingly commit AP fraud? If not, can't your lawyer fight the cancellation of AOS?

Though reapplying for 485 is not really such a bad situation considering deportation being the worst. Because of your prior application for 485, you will still have the same RD.

As Niladri30 stated, you need to get answers from your lawyer who will know your case the best. The forum while being good for generic advise and support is not really constituted by lawyers and though we have a strong understanding of immigration law, don't know all the legal loopholes.
 
Stamping officer will always give you a Parole stamp of one year on Your AP and Passport even if your AP is expiring next week. So travelling on that expired AP is like you are traveling without AP. Luck was in favor cause Officer at Post let him in the country for deffered inspection . IF there was someone who had a fight last night with wife/GF he would hv stamped the pasport with denied entry and told you to refile for CP from home country. Your Lawyer probaly knew this and got what he wanted thats why he did't say much , cause the officer gave u 90 day Parole and refile your 485 . Check with different lawyer about your situation on EAD cause Your 485 is rejected hence Your work authorization goes away with that. Just like niladri30 i wonder why are you still looking for answers here insted of contacting two three different lawyers.
 
Hi there,

My story is quite similar to yours except that in Jun 2002 when I traveled on my Advance parole which was valid upto March 2002 but stamped as "paroled until Jan 2003", I got in clear at the port of entry without being interrogated. My Advance Parole was restamped as "paroled until Jun 2003". Assuming, that stamp to be the actual validity date, I traveled overseas in May2003 but this time at the immigration desk they raised the question about the validity of the document and put me in for Deferred Inspection.

I had filed my I-485 application in the year 2000 as a spouse of an applicant for adjustment of status. My husband got his Green card last year.


Could you please advice me on the following regarding deferred inspection:

1. How long did your deferred inspection go on until your application was abandoned and you were asked to refile I-485?

2. What are the possible outcomes of a deferred inspection for people in our situation?

3. Did you write to the INS explaining your situation prior to the deferred inspection?

4. Did the presence of an attorney help during the deferred inspection? Do you recommend having one?

5. How should I present my case when I appear before the deferred inspector on Sept.18.

6. Did you consider switching to consular processing to expedite the I-485 processing, is this an easy alternative?


I am not averse to refiling my I-485 but want to make sure I am not deported for this inadvertent error on my part.


I would really appreciate if you could reply me at the earliest.


Thanks a Lot.
 
I'm truly sorry to hear those stories. I wish people had more education in the US immigration law than they do. The difference between the validity of an entry document (visa, AP) and status duration is one of the most fundamental things and those two should never be confused.

In my opinion, to get a deferred inspection in such a situation is a really good thing, because they actually let you into the country. The standard procedure is to treat people with expired entry documents as undocumented aliens and deny them entry putting on a flight back where they came from. This is a severe punishment, I admit, but this is the right price for being careless. Ignorance may be bliss for someone, but not when it concerns the law.

Technically, deferred inspections offered a correct solution to this problem. The previous AOS was abandoned by leaving the country without means to return. Therefore, a new AOS has to be filed instead. There is no bargaining involved in the negotiation process, really. The law is quite clear on this - the previous AOS is abandoned and there is no way to salvage it.

Practically, I would consider going through hoops with CP instead of filing another AOS which will take many years at this very pace. But CP is a different kind of animal and in order to stay in the US for the duration of CP, one needs to have a valid visa (H-1B, for example). And there is no AC21 for CP applicants as well. The first thing should be filing another I-485, anyway. Then there will be a chance to regroup and work out some strategy.
 
In khybergirl's case, the BCIS contributed to and validated her ignorance by letting her in the first time after she traveled on an expired AP.

Was this in error, or will the BCIS exonerate itself by pulling out some clause about discretionary treatment?

1. If in error and they want to be excused, then they ought to extend the same courtesy to khybergirl
2. If it was use of discretionary powers, let them please use those powers again

The point is not to punish bona fide applicants.

Since either #1 or #2 above is in probable violation of the letter of the law, the least that BCIS could do would be to uphold its spirit. Anthing else would be un-American wouldn't it?

Sigh! As BM points out, the law is the law (an ass?). So I have no defense other than the above rather emotional one to offer. However, I would offer it, before agreeing to refile!
 
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