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  • HELP: Need i-551 stamped urgently

    Hi,

    My brother and his wife had their AOS interview on august 26th 2010 at the OMAHA center. She is a US citizen. At the time of the interview, the couple had mentioned to the officer that they will need to be travelling to Jamaica for their honeymoon around oct 22nd and had provided itineries.

    The officer took copies and said there should be a response in mail within 2-3 weeks and not to worry about missing out on the honeymoon. After 6 weeks of waiting, their attorney made a infopass appointment (for first week of Oct) and the officers told him to tell my brother to make a infopass appointment in NYC and the officers here will stamp it. (my brother is in NYC for around a month... mother in law had bypass and is on bed rest).

    My brother went today to get his I-551 but was in for a rude shock. The NYC center does not show a "approved" status in its computers. All it sees is "pending" because of which it refused to stamp a I-551. The NYC center advised my brother that the OMAHA center hasnt made a decision yet and to wait.

    Problem is, our grandmother is at her end and we need to make a urgent emergency trip back home even before he can think about his honeymoon. If he makes a infopass appointment at the Omaha center would they have the same response as to "keep waiting? ?

    As far as I know, once the immigration officer has made a succesful AOS interview with your US citizen present you are eligible for a i-551 stamp. Is this not correct ?

    Could it be, that since the case was filed in the Omaha center, only Omaha can use its discretion to grant i-551 and not other centers ? Reason I ask is, its around $600 round trip and its money that could be wel spent. We dont want to hear the same "denied" heard over and over.

    Even then, is it safe to travel on a valid passport with expired visa and i-797 notice of action for i-485 stamped ?(with biometrics) I hope TSA dosnt give trouble.

  • #2
    Hi,

    My brother and his wife had their AOS interview on august 26th 2010 at the OMAHA center. She is a US citizen. At the time of the interview, the couple had mentioned to the officer that they will need to be travelling to Jamaica for their honeymoon around oct 22nd and had provided itineries.

    The officer took copies and said there should be a response in mail within 2-3 weeks and not to worry about missing out on the honeymoon. After 6 weeks of waiting, their attorney made a infopass appointment (for first week of Oct) and the officers told him to tell my brother to make a infopass appointment in NYC and the officers here will stamp it. (my brother is in NYC for around a month... mother in law had bypass and is on bed rest).

    My brother went today to get his I-551 but was in for a rude shock. The NYC center does not show a "approved" status in its computers. All it sees is "pending" because of which it refused to stamp a I-551. The NYC center advised my brother that the OMAHA center hasnt made a decision yet and to wait.

    Problem is, our grandmother is at her end and we need to make a urgent emergency trip back home even before he can think about his honeymoon. If he makes a infopass appointment at the Omaha center would they have the same response as to "keep waiting? ?

    As far as I know, once the immigration officer has made a succesful AOS interview with your US citizen present you are eligible for a i-551 stamp. Is this not correct ?

    Could it be, that since the case was filed in the Omaha center, only Omaha can use its discretion to grant i-551 and not other centers ? Reason I ask is, its around $600 round trip and its money that could be wel spent. We dont want to hear the same "denied" heard over and over.

    Even then, is it safe to travel on a valid passport with expired visa and i-797 notice of action for i-485 stamped ?(with biometrics) I hope TSA dosnt give trouble.

    Comment


    • #3
      I like your punch line at the end " I hope TSA dosnt give trouble." How about all the trouble you are giving them? You have a lot of nerve.

      Comment


      • #4
        First of all, ignore the really helpful (sarcasm intended) local pest that is No Amnesty, better known around here as No Brain.

        Did you file for Advance Parole (I-131) at all? If so, did you ever receive it? This document was intended for this situation. While pending, you can use it to return to the USA (assuming no previous immigration violations like overstay etc). I don't think they would let you back into the country with only an expired visa and the I-485 letter.

        It is correct once approved, he could get the I-551 stamp in the passport. If possible an Infopass appt at the Omaha Office would be a good idea. Try and get to talk to a supervisor or even the original interviewer. $600 vs not being with your grandmother?

        Failing that get onto your Congressman or Senators' office and stress the urgency of the situation. They might be able to get the approval pushed through in time.
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

        Comment


        • #5
          He obviously has not been approved, so he needs an advanced parole. You apply for that at by mail. It is very curious that your need for travel has changed so suddenly.

          Best advice is to forget about travel and just wait for the approval.

          Comment


          • #6
            I thought AP was now included as part of the application.

            Assuming you can use it without obvious risk.

            Not all offices stamp, too easily forged.

            Comment


            • #7
              There was a memo put out a few years ago which told offices not to stamp temporary I-551's because of the fraud element however it was quickly rescinded because of situations like the above but some offices like NYC still won't do it.

              AP application is included in the AoS fee these days so you might as well file one anyway, even if you don't plan to use it but you still have to file the correct form (I-131).
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

              Comment


              • #8
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                Comment


                • #9
                  I rarely ever disagree with Brit but NYC routinely stamps IF the AOS has been approved but you can't wait to get the GC.

                  Since warhound has a lawyer, I suspect he didn't get the AP because he was out of status when he filed the AOS so even now, travel with AP will be dangerous. DO NOT TRAVEL ON AP WITHOUT CONSULTING YOUR ATTORNEY!!

                  Best thing to do right now is follow up with Omaha office and see what happened to I-485.

                  Comment


                  • #10
                    I would also recommend to avoid travel until approval. Better safe than sorry.
                    Always interested in the H1-B visa, the Eb-5 Visa Program and other Eb5 Investor Visa related issues.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Since warhound has a lawyer, I suspect he didn't get the AP because he was out of status when he filed the AOS so even now, travel with AP will be dangerous. DO NOT TRAVEL ON AP WITHOUT CONSULTING YOUR ATTORNEY!!

                      Best thing to do right now is follow up with Omaha office and see what happened to I-485. </div></BLOCKQUOTE>

                      That might be true. In which case, good advice from Mrs. Mani.
                      "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                      Comment



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