Q & A December 5, 2004

Q & A 1.


Q&A 1.

After file bonafide I-485 applications, individuals' stays during the waiting period for interview are regarded as quasi-legal

Seattle ‘s Zhou Reader asks:

My wife and I came to U.S. for the third time in September 2003 under B2 visa and the visa validation date was until March 2004. In December of 2003, my son (a citizen) applied for permanent residence for both of us and received a receipt on the same month. We are currently waiting for an interview. My questions are:
1. After March of 2004, during the waiting period for the greed card, is our stay in U.S. legal?
2. Per World Journal’s April article, the immigration is piloting a program that it would process green card applications based on its complication. When will the whole nation start this program? How long do you expect the Seattle Center will process the green card applications? When can we receive the interview notice?
3. If I need to go back to Mainland China, should I request for an advance parole? What should I do if I receive interview notice during this period? Can I request for an extension? What is the extension procedure? Do I have to wait in line all over again?
4. What will happen in my situation if I could not or did not apply for advance parole but leave the country? Does it mean that I voluntary giving up my green card application and would be subject to the 3/10 years rule?

Dear reader:

1. After individuals file bonafide I-485 applications, their stays during the waiting period for interview are regarded as quasi-legal, as the U.S.C.I.S. will generally not take steps against the individuals during the waiting period. In your situation, the I-485 filings do not extend your non-immigrant statuses; but the filings do stop time from being counted towards the 3 and 10 year bars upon return for most illegals if they have remained in the United States illegally for 180 days or one year respectively after April 1, 1997.

2. At this time, the U.S.C.I.S. is attempting to decrease its backlog of adjustment of status cases. To that effect, it recently began pilot programs in the Dallas and New York offices of U.S.C.I.S.. In Dallas, individuals can set up appointments for adjustment of status to permanent residence through InfoPass and appear on the date of appointment with complete paperwork to file and interview on the same day. In New York, the district has been expediting new filings so that the adjustment of status section is now running two calendars of cases each day -- one for the new cases in the pilot program and the other for regular cases most of which have been pending for over one and half years. We understand that Seattle is taking approximately six months to process I-485 applications. By the date of this reply, you should already have received your interview notice.

3. Individuals who have filed I-485 applications and wish to travel outside the U.S. during the time of processing are required to apply and receive advance paroles unless they are able to travel under H-1B or L-1 worker visas. If you receive an interview notice during the time that you are outside the country on advance parole, you can either return in time for the interview (interview notices are usually sent out at least one month ahead of time) or request an extension of time for interview. However, a request for extension may or may not reach the file, and even if it does, there is uncertainty as to the date that you would be rescheduled. A rescheduled date may be longer in time than refiling of your case . To request an extension, you or your legal representative would write a letter to the U.S.C.I.S. or your legal representative could drop in the request to the adjustment of status section on the date of interview.

4. If you do not apply for advance parole, your I-485 adjustment of status application would be deemed abandoned. You would not be subject to the 3 or 10 year bars against return inasmuch as you filed the I-485 applications prior to the expiration of your legal period of stay in the U.S., and the I-485 filing is regarded as a period of legal stay for purposes of the bars.

 

Copyright © 2003 - 2004 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.