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AOS and Going Back to US

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  • AOS and Going Back to US

    My father filed an I-130 petition for me in 1995, the priority date came up in MAy 2004 so it has been almost a year since number became available to me. My dad is permanent resident of Philippines, and I have recently become a Canadian Citizen. I did not file an AR-11 when I left the US in 2000, but I have never overstayed. Now I am thinking to go into US and adjust status there with help of lawyer versus transferring my file to CP in Montreal. Does anybody see a problem with this? Can one go back to US legally as a Canadian visitor and then file AOS now that numbers are available for previously filed I-130?
    Also is there a problem if I go in more than a year after number became available?

  • #2
    My father filed an I-130 petition for me in 1995, the priority date came up in MAy 2004 so it has been almost a year since number became available to me. My dad is permanent resident of Philippines, and I have recently become a Canadian Citizen. I did not file an AR-11 when I left the US in 2000, but I have never overstayed. Now I am thinking to go into US and adjust status there with help of lawyer versus transferring my file to CP in Montreal. Does anybody see a problem with this? Can one go back to US legally as a Canadian visitor and then file AOS now that numbers are available for previously filed I-130?
    Also is there a problem if I go in more than a year after number became available?

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    • #3
      AR-11 is for address change inside the US. As long as you never incurred any overstay or illegal status when you left, I doubt there'll be a problem. Now whether the I-130 has an expiration date or not, I can't answer that.
      You might want to compare the estimated processing times for CP in Montreal, versus those of the local USCIS office/National Benefit Center. The faster one will probably be a better bet.

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      • #4
        Since you stated that you are now a Canadian citizen, you are not subject to the visa entry rules for AOS. Meaning that you dont have to prove that you were inspected or paroled into the USA. Also the petition (I-130)was filed before 4/30/2001, therefore, you qualify under the Amnesty Law(Sec 245(A). You can enter and pay the penalty wih your I-485 petition without giving the iNS information on your original entry into the USA.If you want to go that route , so as to aviod the inadmissibility regulations concerning overstay of visas.
        With regards to AOS, you can adjust your status anywhere in the USA. Its is quicker in the Midwest USA. California/ Texas/ NY, are the worst.
        However, once you apply you cannot leave the USA without advance parole. If you need more information , let me know.

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