I filed my I-698 back in February 2007 and as of this date I've only received the receipt notice. No finger prints, nothing. My online status says that my application still pending.
The good thing is that we can travel abroad with our temp residency without asking for advance parole, etc.
My card hasn't come in yet, but I'm 100% sure that the case is approved because the immigration officer said so.
I was just looking at the I-698 form and wanted to ask if you could apply even before you get the temporary residency card.
I think I should be able to apply for it right now even though I haven't received the temporary card yet because technically my case is approved and when the card comes eventually it will be backdated so what else is needed?
Let me know, I think I'm going to go ahead and do that.
Another follow-up question is that the travel restrictions are technically if I read the law only during the 19 months duration. Even on the form, if you traveled after the 19 months you wouldn't have to put that on it. For me its been 19 months already so I'll just file this off, and when I get my card I'll be able to travel. I don't think I'll be reckless enough to go more than a month or in aggregate 90 days but I think according to the law I should be safe.
Well I was reading both 245a.2 and 245a.3. In 245a.3 it clearly states that the 19 months is from the time you get your approval for temporary residence not the date of the card itself. Its says and I quote "An alien shall be regarded as having resided continuously in the United States for the purpose of this part if, at the time of applying for adjustment from temporary to permanent resident status, or as of the date of eligibility for permanent residence, whichever is later, no single absence from the United States has exceeded thirty (30) days, and the aggregate of all absences has not exceeded ninety (90) days between the date of approval of the temporary resident application, Form I-687 (not the ‘‘roll-back’’ date) and the date the alien applied or became eligible for permanent resident status, whichever is later,"
So clearly roll back date is the date that you filed the I-687. So if I get my card this month and the approval letter was dated jan then I would be eligible next july of 09. But keep in mind if you apply now it will go through all administrative processing.
Second thing, it also clearly states that the travel restrictions is for the time you get your approval notification until the time you are eligible for adjusting for permanent residency. So that is the 19 month duration. "A single absence from the United States of more than 30 days, and aggregate absences of more than 90 days during the period for which continuous residence is required for adjustment to permanent residence, shall break the continuity of such residence,"
So there you have it folks, I'm still awaiting that approval letter, god knows when it will come.
Application Type: I687, APPLICATION FOR STATUS AS A TEMPORARY RESIDENT
Current Status: Document mailed to applicant.
On February 11, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
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That's your approval letter; it will come with your photograph with an embossed seal on it. This letter is valid for 4 years and it needs to be presented together with your new EAD that will be arriving in about 30 days after your approval letter. Both documents are needed to regain entry to the USA if you were to travel outside the USA.
§ 245a.3 Application for adjustment from temporary to permanent resident status. (a) Application period for permanent residence. (1) An alien may submit an application for lawful permanent resident status, with fee, immediately subsequent to the granting of lawful temporary resident status. Any application received prior to the alien’s becoming eligible for adjustment to permanent resident status will be administratively processed and held by the INS, but will not be considered filed until the beginning of the nineteenth month after the date the alien was granted temporary resident status as defined in § 245a.2(s) of this chapter.
§ 245a.2(s) Date of adjustment to temporary residence. The status of an alien whose application for temporary resident status is approved shall be adjusted to that of a lawful temporary resident as of the date indicated on the application fee receipt issued at Service Legalization Office.
I think in 245a.2(s) what they mean by application fee receipt issued at Service Legalization Office, they mean the I-765 that your officer files for you to get you your 4-year EAD.
When you got your EAD was it back dated all the way to when you first applied the I-687 or was it to a few weeks after your interview, which was in my case? If yours was backdated till back then, I'll go in and talk to them to get mine backdated too.
Shabber
This message has been edited. Last edited by: Shabber,
The valid date on my 4 year EAD is from the actual approval date of my case, but the approval letter (the one with my picture on it) says otherwise; it has the roll back date on it.
Well on my document it says receipt date Dec 12 2005 but it says notice date Nov 12, 2007 which is the approval date and the date i have on my EAD. Is it likewise on yours?
Originally posted by rgm: Hi freedom1, How is everything? Updating my case. June 28 2007 I-797C application has been received letter. July 03 2007 ASC Appointment Notice appointment for biometrics july 20 2007. Looks like here in VA everything is going faster. Do You know what kind of documents I am going to need at the time of the interview? RGM
Hey RGM, any update on your case yet. I haven't filed the I-698 yet, I'm going to do so once I come back from going abroad for a week.
I recall you had said your ASC was done in July 07, when was your case approved?
Hi, Freedom 1, I got the interview appointment letter today. Do you have any idea what are They going to ask me? I have an appointment with my lawyer next week, but I'd like to get as much info as I could. How about you? Any news? Thanks RGMUSA
This is about your I-698 right? Temp to permanent right?
If so, they are going to conduct the interview in english to establish the basic english skills, they are also going to ask you some citinzenship questions, so I suggest you study for it. The uscis.gov has a sample of the test.
In what city are you located at? Have they ask you for biometrics again?
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