Question about AP

G

gnr5

Registered Users (C)
Hi guys,

I posted the next review last Monday......
Guys,

I went as an interpreter for a friend's interview this morning. DO: Miami. We walked in, the officer said "You were petitioned by your mom (previous marriage). However the OFFICER is being charged with fraud and we need to check and clear all of those officer's cases in order to move on to other cases, we will let you know by mail".

The interview lasted 4 mins.
Click to expand...

She talked to an attorney after the interview, the attorney told her that those cases that were handled by that officer have been put on hold and that it has been six years since thoses cases were touched, that she needs to wait A LOT before getting AOS. She is devastated and planning to move out to another country and start from zero.

However, she wants to find out if she could get an AP. She currently has no status, just employment card. She needs to travel to Puerto Rico for business purposes and maybe Mexico later.

I don't know how AP works...any suggestions?
 
Why can't she abandon this AOS application and apply with a whole new application? I suppose there's an approved I-130, her PD is current, and all she'd have to do is apply for AOS again. Or is there some age out issue involved? I think she should also contact the USCIS ombudsperson if her application is not adjudicated due to some internal USCIS investigation not related to the facts of her case.
 
Well, shes talking to attorneys, apparently she was petitioned by her mom when she was still a minor, her mom got divorced and never went through the process, BUT the officer in charge of that case got charged with fraud, now according to the NEW officer processing this new case said that since she is part of the old case and that case was touched by an officer under investigation USCIS will not touch the new process. The attorneys are trying to fight the fact that she was a minor back then and had nothing to do with it, but who knows if USCIS will ever do something about it. BTW what is ombudsperson ? Yes there is an approved 130.
 
So is the problem with her getting the GC the fraud investigation by the officer, or is the problem that her mom's divorce affected her eligibility for a GC? I'm not sure I understand what her mom's status is and what process her mom didn't go through.

You can find information about the CIS Ombudsman here and here. (Forgive me for calling him Ombudsperson, that's a non-sexist term but in fact he is currently a man, looks like in he was just appointed yesterday!)

From the first link,

The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services (USCIS). As mandated by the Homeland Security Act of 2002 § 452, CISOMB is an independent DHS office that reports directly to the DHS Deputy Secretary. The CIS Ombudsman:

* Assists individuals and employers in resolving problems with USCIS;
* Identifies areas in which individuals and employers have problems in dealing with USCIS; and
* Proposes changes to mitigate identified problems.
 
Last edited by a moderator:
The problem is that the officer is being investigated. The case that the officer was handling was he mom's case, her mom filed a petition but got divorced before receiving any benifit, and my friend was included in that petition because she was a minor. Thank you for the Ombudsman's information, I had no idea that existed.

Anyhow, would she have a problem using AP?
 
gnr5,

I'm still not sure I understand. If she is has a derivative application and the basis for the petition of the principal applicant does not exist anymore and the principal applicant did not adjust status, I don't think the derivative is eligible to adjust status anymore either. (But someone correct me if I'm wrong or too general here.)

About using AP, if her AOS is denied, she'll have much less rights when that happens than when she is here. Here, she can go before an immigration judge and appeal her case; at the border, she'll just be turned away with no grounds for appeal.
 
AP is only valid if the person still has a petition pending with USCIS. e.g. AOS.

What she has to look is what are the possibilities to get an approved petition that is, because her mother's marriage does not longer exists. Sooner or later they will check that her mother is no longer married so there is no eligibility. Are these attorneys are fightning something that probably somebody can explain me in more detail because for me there is no cause here...regardless if she was a minor, her petition was link to her mother's, this is not about age out or something similar.

Now, back to their status...I agreed with Austriacus. Her mother's petition was based in a marriage that got disolve before be granted permanent residency. Your friend petition is link to her mothers, is not independent of it. Probably we would need more info about this.

To refile a new AOS you need the signature of the US citizen sponsor and the immigrant who are asking for the benefit.
 
Her previous petition was 8 years ago by her mom. She [my friend] is now married to a USC and being petitioned by him. She went to the interview with her husband and the officer told her "the previous petition was touched by an USCIS officer that is being investigated of fraud, I cannot move to another petition while we investigate that you were not involve in a fraudulent case, this is more than likely the case but I do have to follow the rules."

Therefore she has a valid petition pending, which is her marriage to her husband. Now, while her attorneys are fighting that decision (the attorneys are trying to get an AOS interview with a husband, and their point of argument is that she was a minor back then and that her mom's decision (in such case that her mom committed fraud, which she didn't btw) does not necessarily reflect her daughter's decision) she is being asked by her employer to travel to Puerto Rico, but she is scared she will be denied reentry as she current has no status.
 
Ah okay...gotcha. She is an adjustee. She is in AOS since she has a valid, legal petition pending with USCIS based in her marriage to a USC, that well now is on "hold" due to the circumstances surrounded in the previous petition that I would say, withdraw it since that old petition is dragging her and is even not longer valid. What her attorneys should do is to withdraw, cancel that old petition.

I don't think you need AP to go to Puerto Rico. Does she has a US driver's license? That's all you need to travel within the US.
 
gnr5

Reading what you have written so far "She" your friend (i think it's you) but apart from that had been on a petition which was filled by her MOM 8 years back due to the marriage with USC.
Now her MOM was in AOS (adjustement status) and had not been approved when she went through the divorce. Now in that case she got divorced while her case was pending which means that her Mom and "She" both are not eligible for AOS from the day the divorce was official.
Now what i fail to understand is you are saying the mom did not go through the entire process and the officer who was handling the case got caught in a fraud case ..(makes no sense)
Reason 1: Does that mean the officer got caught in some fraud and her Mom's file was put on hold?
Reason 2: Or does it mean the mom got divorced and then the officer was found caught in some Fraud?
If it is the 2nd reason then "SHE" even though was a minor has been in the country illegal unless she had some valid status after her Mom's divorce.

Now if it was the 1st reason then the case was put on hold before mom got divorced and "She" was living in the country on AOS. Now if this is the case then if "She is now married to USC she needs to file, I-130, I-485, I-765, I-131.
From what you are saying she is working so she has I-765(EAD), I-130 is approved so what is the issue with I-131? i do not see any issue. I-485 is pending and what i am reading is they want process it till the previous case filed by Mom is completed.
This makes no sense. As the new I-485 has nothing to do with the previous case. How would they even know and there is no way it is related.
The only way it can be related is the officer got caught in fraud before Mom got divorced and the case was put on Hold before the divorce. But in that case you have been living in the country legally as ur case was pending only if ur mom was still in US. if your mom left the country and you stayed back??? then u have been living illegally and then you have no connection to the previous case anyways.

SO I WOULD SUGGEST IF YOU REALLY NEED ASSISTANCE FROM THIS FORUM FIRST PROVIDE TRUE DETAILS ABOUT WHAT EXACTLY THE SITUATION IS AND AVOID STORIES.

I have dealt with a lot of immigration crap and can help show you the direction but not with round about stories.
 
cherr, Puerto Rico is a US territory, not really a State therefore is a tricky place to travel without proper status, at least my friend is scared of doing so.

Bunnybugs, thanks for your response. To clarify a couple of things, first I'm not lying and I'm not "SHE" as you can see in my signature I am already a USC and I'm petitioning my lovely wife and that case has nothing to do with my friend's. I have nothing to hide, plus if I were to hide something I wouldn't care since I'm behind a computer. So, lets get that clear.

Also, I'm providing with complete true details as I was the translator in the interview and I'm saying exactly what the IO said. Between reason 1 and 2, I don't know which came first, her mom's divorce or the office being investigated. It makes sense to me what your are saying, that old petition has nothing to do with the new petition, but that's not what the IO said.

She went to her attorney and he also said the same thing and is looking into. With that in mind, my friend has no status (she's illegal here and got married) and is waiting on her new petition to get a second interview. I must mention that the IO at the interview did NOT look into this case AT ALL, the interview lasted 3 mins, she just mentioned she can't look into this at this point.

So back to my original question, she has EAD and pending 485. Can she apply for AP and use to travel to Puerto Rico and maybe even outside of US territory?
Thanks.
 
gr based on what you have mentioned yes she can apply for AP and travel freely.

Now if she has been illegal in the country (assuming) then she has nothing to worry as she is now married to USC and has her I-485 pending.

I would not even bring up what happened with her Mom and write to the ombudsman with only the details of the current case.

Also she cannot do anything on the first case as she is not a primary applicant.
For second case if the IO said its dependent on the first its some bull shit...trust me dude...and whetever happens if she has a valid AP she will be allowed back in the country. If her case gets denied while she is out of the country then she will be allowed back in but will be sent to the immigration court. They will give her a date to appear when she comes in at the port of entry.

I do not trust attorney and they are money sucking termites. So beware.

Also she can always abondon the case and start fresh...or ask to move her file to a different service center by providing a new address.
If this case remains pending beyond teh time frame projeceted by the USCIS website then she has every write to sue USCIS.
 
gnr5, about travel outside the country, your friend should be very careful! If she has been here illegally more than a year she will have a 10 year bar on re-entry even if she uses AP!! (The details of this can be found in I-131.)

Since she is married to a USC it should be eventually okay that she's here illegally and all, at least it doesn't prevent her from adjusting status.

Since there was apparently fraud related to the previous application in some way or another, I'm assuming USCIS is investigating because that's just about the only thing that would make your friend inadmissible if she is found to have committed fraud or material misrepresentation herself, even if she is married to a USC. I'm sure they will sort it out eventually.
 
aut i don't think friend could be in trouble as she was a minor and her mom had filed the petition.

I think "SHE" is good to go and its just a particular IO who was a jerk.

GR take an info pass and try again to get details. and if AP is approved when she files there is no doubts then that she is legal to travel as she has a pending AOS
 
gnr5 said:
So back to my original question, she has EAD and pending 485. Can she apply for AP and use to travel to Puerto Rico and maybe even outside of US territory?
Thanks.
Click to expand...
Tell us how "illegal" she was and how long.
 
Needless to say the officer was a jerk... i will go ahead and help her out, already emailed her the solution of maybe filing a complaint to the ombudsman....I agree attorneys are money sucking machines.

Someone did tell me once that the AP is usually approve however its not a 'guaranteed' that they will allow you back in, even if your case is still pending, if you were illegal at some point. That the only time it works is if you never fell out of status.
 
gnr5 said:
Someone did tell me once that the AP is usually approve however its not a 'guaranteed' that they will allow you back in, even if your case is still pending, if you were illegal at some point. That the only time it works is if you never fell out of status.
Click to expand...
In fact, if she left the US with AP, it will guranetee that she won't be allowed to enter under such circumstances. Going to Mexico is out of question.
 
Even I know perfectly that PR is NOT a State it's a commonwealth of the US...I answered as I know, "I don't think that you need AP to travel to PR".

But anyway I wouldn't leave the "continental" US since even she can ask for an AP the 10 year ban can get over her head...we never know when the airline have some issues and instead to get through like a domestic flight you will get in the US like an international flight and that has happened in the past, of course there are other kind of process for those situations at the airport.
 
You must log in or register to reply here.
Top