Couple of New Questions

[woainilin]

As many of you know, Lin is currently waiting for an appeal decision for his denied I-485. What is his current residence status now?

 

If we were to say .. take a plane to Hawaii, how would he prove he is in the country legally? Is there anything we are supposed to get from USCIS after his 90 day Finance Visa expires to prove that we have a pending permanent residence application which allows him to stay in the country?

 

If he is in a status of waiting for an appeal, is he eligible to apply for advanced parole or does he have to stay in the country until the appeal is decided?

 

When you get advanced parole, what type of documents would we get from Immigration to ensure that Lin could return to the US if he goes home for a visit?

 

Thanks ......

 

Toni

[tonado]

If he takes a flight to Hawaii, no custom is required because he is not leaving the country. Hawaii is USA.

[jim_julian]

I believe Lin would be classed as still in process for change of status as the appeal has not yet been resolved.

 

As stated above Hawaii is part of the US

 

Lao Po is currently in the AOS process and we got an AP and have traveled on it twice, once to China and once to the Middle East ... be sure to request a multi-entry AP.

 

The AP is a page with a photo and stamps ... the process of entry with AP is fairly routine. We have not had a problem.

[LeeFisher3]

Lin is currently in uncharted waters as far as most of our knowledge on CFL goes.

 

Others have had difficulties in California with identification issues with an expired I-94, you need to remember that his passport will be used for check-in and security at the airports, so if one person decides to take exception to the expired I-94 your trip could be over at that point. They don't have to be right to refuse access to travel within the US.

 

With that said, a photo copy of your I-485 receipt, the cancellation notice and your receipt for appeal should prove his right to be in the US while awaiting a decision. But remember there are many people who will see his passport when traveling and each will make a decision as to his status, whether they have a right to do so or not, and most of them don't have a clue.

 

As for filing for AP it appears you would file based using the receipt from the Board of Immigration Appeals and not the I-485 as that case has been officially canceled. This does not seem to be covered in the determination of where you would file AP, so that sends you to the local office to file for AP. This might be in your favor as you have all the documents showing they canceled the case incorrectly.

 

One thing you need to remember is that AP does not guarantee re-entry to the US. There is a short question/answer session upon arrival at the POE where they look up his A# and verify that he still has the right to enter the US. The IO can refuse entry at that point.

 

While most of us would think that travel within the US would be just fine and AP would not be a problem you need to remember these are the same people who canceled the AOS appointment and then canceled the case, so things can go unexpectedly.

[woainilin]

Lin is currently in uncharted waters as far as most of our knowledge on CFL goes.

 

Others have had difficulties in California with identification issues with an expired I-94, you need to remember that his passport will be used for check-in and security at the airports, so if one person decides to take exception to the expired I-94 your trip could be over at that point. They don't have to be right to refuse access to travel within the US.

 

With that said, a photo copy of your I-485 receipt, the cancellation notice and your receipt for appeal should prove his right to be in the US while awaiting a decision. But remember there are many people who will see his passport when traveling and each will make a decision as to his status, whether they have a right to do so or not, and most of them don't have a clue.

 

As for filing for AP it appears you would file based using the receipt from the Board of Immigration Appeals and not the I-485 as that case has been officially canceled. This does not seem to be covered in the determination of where you would file AP, so that sends you to the local office to file for AP. This might be in your favor as you have all the documents showing they canceled the case incorrectly.

 

One thing you need to remember is that AP does not guarantee re-entry to the US. There is a short question/answer session upon arrival at the POE where they look up his A# and verify that he still has the right to enter the US. The IO can refuse entry at that point.

 

While most of us would think that travel within the US would be just fine and AP would not be a problem you need to remember these are the same people who canceled the AOS appointment and then canceled the case, so things can go unexpectedly.

 

Hi Lee:

 

Your response kind of substantiates my thinking. I hate to limit Lin's travel and our ability to go on vacation and or return home for a visit. But on the other hand it was such a long process and wait to get him here I am a little worried about introducing any more risks to having and keeping him here. That being said, I thank everyone for their responses and I kind of hope we are not stuck waiting 18 months for a new interview.

 

One more question. With his current status can he go to NY DMV and get a state ID? I was thinking perhaps if he could get a NY State ID then we could use that to travel to Hawaii and then there will be no status questions in the airport?

[lostinblue]

Lin is currently in uncharted waters as far as most of our knowledge on CFL goes.

 

Others have had difficulties in California with identification issues with an expired I-94, you need to remember that his passport will be used for check-in and security at the airports, so if one person decides to take exception to the expired I-94 your trip could be over at that point. They don't have to be right to refuse access to travel within the US.

 

With that said, a photo copy of your I-485 receipt, the cancellation notice and your receipt for appeal should prove his right to be in the US while awaiting a decision. But remember there are many people who will see his passport when traveling and each will make a decision as to his status, whether they have a right to do so or not, and most of them don't have a clue.

 

As for filing for AP it appears you would file based using the receipt from the Board of Immigration Appeals and not the I-485 as that case has been officially canceled. This does not seem to be covered in the determination of where you would file AP, so that sends you to the local office to file for AP. This might be in your favor as you have all the documents showing they canceled the case incorrectly.

 

One thing you need to remember is that AP does not guarantee re-entry to the US. There is a short question/answer session upon arrival at the POE where they look up his A# and verify that he still has the right to enter the US. The IO can refuse entry at that point.

 

While most of us would think that travel within the US would be just fine and AP would not be a problem you need to remember these are the same people who canceled the AOS appointment and then canceled the case, so things can go unexpectedly.

 

Hi Lee:

 

Your response kind of substantiates my thinking. I hate to limit Lin's travel and our ability to go on vacation and or return home for a visit. But on the other hand it was such a long process and wait to get him here I am a little worried about introducing any more risks to having and keeping him here. That being said, I thank everyone for their responses and I kind of hope we are not stuck waiting 18 months for a new interview.

 

One more question. With his current status can he go to NY DMV and get a state ID? I was thinking perhaps if he could get a NY State ID then we could use that to travel to Hawaii and then there will be no status questions in the airport?

I also am from NY and here is a post on this subject

http://candleforlove.com/forums/index.php?...c=22063&hl=

It seems they desire to throw roadblocks at you all the time.

[woainilin]

Lin is currently in uncharted waters as far as most of our knowledge on CFL goes.

 

Others have had difficulties in California with identification issues with an expired I-94, you need to remember that his passport will be used for check-in and security at the airports, so if one person decides to take exception to the expired I-94 your trip could be over at that point. They don't have to be right to refuse access to travel within the US.

 

With that said, a photo copy of your I-485 receipt, the cancellation notice and your receipt for appeal should prove his right to be in the US while awaiting a decision. But remember there are many people who will see his passport when traveling and each will make a decision as to his status, whether they have a right to do so or not, and most of them don't have a clue.

 

As for filing for AP it appears you would file based using the receipt from the Board of Immigration Appeals and not the I-485 as that case has been officially canceled. This does not seem to be covered in the determination of where you would file AP, so that sends you to the local office to file for AP. This might be in your favor as you have all the documents showing they canceled the case incorrectly.

 

One thing you need to remember is that AP does not guarantee re-entry to the US. There is a short question/answer session upon arrival at the POE where they look up his A# and verify that he still has the right to enter the US. The IO can refuse entry at that point.

 

While most of us would think that travel within the US would be just fine and AP would not be a problem you need to remember these are the same people who canceled the AOS appointment and then canceled the case, so things can go unexpectedly.

 

Hi Lee:

 

Your response kind of substantiates my thinking. I hate to limit Lin's travel and our ability to go on vacation and or return home for a visit. But on the other hand it was such a long process and wait to get him here I am a little worried about introducing any more risks to having and keeping him here. That being said, I thank everyone for their responses and I kind of hope we are not stuck waiting 18 months for a new interview.

 

One more question. With his current status can he go to NY DMV and get a state ID? I was thinking perhaps if he could get a NY State ID then we could use that to travel to Hawaii and then there will be no status questions in the airport?

I also am from NY and here is a post on this subject

http://candleforlove.com/forums/index.php?...c=22063&hl=

It seems they desire to throw roadblocks at you all the time.

 

What if I just want to apply for a State ID and not a drivers license is the rule the same?

[lostinblue]

http://www.nydmv.state.ny.us/idlicense.htm

Read

Non-Driver Photo ID Card

[john90]

I would make sure you read whats on the list very carefully because many of the workers at NYS DMV are about as bad (or worse) as INS employees.

 

My wife tried to get a NON driver id 2 months after she came here, and they said no because her k1 visa was not at least a 1 year visa. She was finally able to obtain the NYS non driver ID after her EAD card came.

 

 

The problem you will have is that they will look at Lins passport and say his k1 visa is not valid for 1 year (only 90 days).

 

They may accept the NOA that you filed for the AOS (and AOS appeal) for Lin as a substitute , but this is a total guess on my part. You should check with DMV because they are extremely STRICT regarding original documents and following whats stated on the link mentioned by lostinblue.

Edited February 2, 2007 by john90 (see edit history)

[SirLancelot]

One more question. With his current status can he go to NY DMV and get a state ID? I was thinking perhaps if he could get a NY State ID then we could use that to travel to Hawaii and then there will be no status questions in the airport?

 

 

This was exactly what I was going to suggest--that you use a DL or State ID instead of a passport--but if you can't get that from NY, then use the passport. Lee may be correct theoretically, but in practice, domestic travel does not involve CBP (US Customs and Border Protection) at all. It only involves TSA at the security checkpoints. The airlines don't check to see if an individual's visa is expired or not for domestic travel. They only need a valid photo ID to check if the person checking in or boarding the plane is indeed who they say they are. They won't care otherwise.

 

One would wish people everywhere would be as vigilant as Lee assumes above, as if they were, we'd have a lot less illegals in this country, but most people don't give a rat's ass about illegals. Neither the airline nor TSA cares about the legal immigration status of a domestic traveler.

 

Thus, IMO, traveling within the US, where one never deals with the CBP, is entirely safe. But ultimately, the decision to travel is up to you.

 

Traveling on AP for international travel is another matter. There is NO guarantee that CBP has to allow anyone to return to the US. Here is what they specifically state: Please note that Advance Parole does not guarantee admission into the United States. Aliens with AP are still subject to the US CBP inspection process at the point of entry.

 

So I would urge much more caution if contemplating traveling abroad, even with AP. But domestic traveling is not something I would be too concerned with. The chances are extremely low that something bad may happen with regards to legal immigration status.

[LeeFisher3]

One more question. With his current status can he go to NY DMV and get a state ID? I was thinking perhaps if he could get a NY State ID then we could use that to travel to Hawaii and then there will be no status questions in the airport?

 

 

This was exactly what I was going to suggest--that you use a DL or State ID instead of a passport--but if you can't get that from NY, then use the passport. Lee may be correct theoretically, but in practice, domestic travel does not involve CBP (US Customs and Border Protection) at all. It only involves TSA at the security checkpoints. The airlines don't check to see if an individual's visa is expired or not for domestic travel. They only need a valid photo ID to check if the person checking in or boarding the plane is indeed who they say they are. They won't care otherwise.

 

One would wish people everywhere would be as vigilant as Lee assumes above, as if they were, we'd have a lot less illegals in this country, but most people don't give a rat's ass about illegals. Neither the airline nor TSA cares about the legal immigration status of a domestic traveler.

 

Thus, IMO, traveling within the US, where one never deals with the CBP, is entirely safe. But ultimately, the decision to travel is up to you.

 

Traveling on AP for international travel is another matter. There is NO guarantee that CBP has to allow anyone to return to the US. Here is what they specifically state: Please note that Advance Parole does not guarantee admission into the United States. Aliens with AP are still subject to the US CBP inspection process at the point of entry.

 

So I would urge much more caution if contemplating traveling abroad, even with AP. But domestic traveling is not something I would be too concerned with. The chances are extremely low that something bad may happen with regards to legal immigration status.

Unfortunately there have been a few K-1 visa holders in California who were unable to travel by plane after the K-1 expired and prior to having a green card.

 

It doesn't have to be the CBP or USCIS who declines access to travel by plane, TSA can easily do this with or without authority.

 

ID is checked whether by TSA or the airlines when checking in or both. A ticket agent who looks past the biographical page of the passport will find an I-94 that is out of date and can then refuse access whether they have the legal authority or not to do so.