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.
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