Approved Green Card, AP used to clear EWI - Page 2

Originally Posted by newlife2012

Unlawful presence is not a problem since its a marriage based Adjustment.
I had accrued about 11 years of unlawful presence before DACA.
I believe marriage based and a petition from a direct family member over 21 like a mother/father ignores Unlawful Presence.

If you are trying to adjust through most other methods then Unlawful presence will stop you from adjusting.

Originally Posted by newlife2012

I have seen a few posts on the forums these past few weeks about adjusting after using AP.

The following is a short version of the process

4/5/14- I submitted AP for employment
4/15/14- AP was approved
4/24/14- Submitted Canadian Visa Request ( Sent them a copy of my AP in the packet)
5/12/14- My Canadian Visa arrived
5/14/14- Flew to Toronto Pearson airport from JFK in NY- Delta airlines
The flight crew was a bit confused, i showed them the AP they let me board.
5/15/14- Attended a work conference, flew back that afternoon.
I was pre-screened in Toronto by CBP- I was fingerprinted and they collected my AP. After about 30 minutes the Agent said welcome back and sent me on my way. At this point I went through security and boarded a plane to JFK. At JFK no one asked for anything since I was already inspected in Toronto. My I94 says Toronto as the point of entry.

5/29/14- Submitted my I-485 and I- 765 . My I 130 was actually submitted 9 years ago when I got married. It was approved even thought I could not adjust at the time.
9/9/14- Approved EAD for one year
9/10/14- Scheduled for interview at 26 Federal Plaza NYC
10/15/14-
My I 485 was approved. The entire interview took about 10 minutes. I brought two huge binders with pictures, bills,taxes, etc. When I entered the room the agent laughed a little and said no worries I doubt you will need much of that.

She asked me for my marriage license, my passport, my birth certificate, my Advance Parole paper.
She asked my wife for her passport.

Then she asked me my wife's name and DOB( I was so nervous I nearly screwed up my wife's name).

My wife was asked for my parents names.

At this point she was " like wow you have been here 27 years and married nearly 10, I know you want to be approved right now but I need to review the rest of the application, go to work and I will reach out to you within 60 days If i am missing anything"
An hour later my case was updated with card production.

I have heard horror stories with immigration officers but everyone at 26 federal plaza was extremely friendly.

Anyhow good luck everyone who is trying this.
My wife is a lawyer for a major law firm, and the senior lawyers could not believe I risked leaving with AP. It is definitely a case by case bases.

Anyone has questions please feel free to ask I will try to help.