ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 4 of 4

Thread: AOS and Going Back to US

  1. #1
    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. #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?

  3. #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.

  4. #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.

Similar Threads

  1. Divorced(AOS still pending) & Now Remarried(filing new AOS?)
    By Byrd in forum Immigration Discussion
    Replies: 1
    Last Post: 09-22-2007, 02:43 AM
  2. AOS for parents - their I 94's got marked with no AOS/EOS
    By cuesera in forum Immigration Discussion
    Replies: 19
    Last Post: 06-01-2006, 10:08 PM
  3. 70 days after AOS interview, still have not hear back from INS !
    By wintergarden in forum Immigration Discussion
    Replies: 3
    Last Post: 11-08-2005, 12:46 PM
  4. Can I AOS without going back to my country??
    By monica18 in forum Immigration Discussion
    Replies: 1
    Last Post: 04-06-2004, 06:40 PM
  5. NYC AOS does not have receipt number on the back of Check ????
    By andy in forum Immigration Discussion
    Replies: 2
    Last Post: 12-09-2003, 02:50 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: