Official I-601A Thread - Page 72

I did something similar with my I-360 and subsequent RFE. I had indexes of documentation, original going from exhibit A to K, and RFE going from M to U. Also with both original and RFE, I attached a letter explaining and frequently referenced originally submitted stuff. Shit like "We've obviously lived together as evidenced by Exhibits C, F, I, M, and N". "We had a good faith marriage as evidenced by Exhibits B, C, F, I, M, N, O, P, Q, and T as well as stuff previously submitted with I-130 which is unavailable to me" (VAWA is kinda privileged in that you can point them to existing record somewhere and they have to find it).

Honestly unless you're submitting something really simple like a DACA renewal you should definitely separate stuff into exhibits and reference them throughout your argument, something like I am helping my relative pay for mortgage (exhibit B), car (exhibit C), bills (exhibit D), etc. Really, assume whoever is going to review your stuff is a moron and literally point them to the evidence every time you make an argument.

Given Advance Parole will be available again, this is great news for us. For people who is scared to leave, make sure you apply for AP.

So we didn’t have to apply for 601A then? It was hard to get AP when Trump got into office before rescinding it.

Just another option for people. I think it is safer to apply for both. Personally I will apply for AP just in case my visa don’t get approve for whatever reason. I can still come back with AP.

Im pretty sure even if you went our and came back using AP in the past, you still need to apply for 601A to address the issue with the time accrued in USA without a legal status. I had been wondering the same thing, I applied for AP 3 times back in 2014 and 2015 and got it, but was too afraid to travel and not be able to come back to USA, therefore I never actually used it (and still have not seen my very old grandma for 19 years now )
Anyway, if having gone out with AP would have saved me the 14.5 months that the 601A is taking to process now, then I regret even more not having used it due to fear.
I think it wouldnt have made a difference per Demise's info from before, where "Note this only helps if you're trying to adjust as an immediate relative of a US Citizen (Spouse, Parent, or Unmarried Child under 21"


My concern now is that my application is employment based. I have been on the same job now over 8 years, and am afraid the company or my job my be in jeopardy given all the economic challenges we are facing this year. If my 601A is still in process and i lose my job, then that is it right, there would be no other options for me?

@Demise do you have knowledge on this possibility?

you wasted $360 three times? wow, yeah I can't imagine doing that. but anyways, no the AP wouldnt have made a difference if you're not adjusting as an immediate relative ie. spouse, parent or unmarried child under 21 of us citizen.

Lets put it all this way:
1. Advance parole helps you wipe an EWI
2. Travel on advance parole does not trigger a 10 year bar
3. It does nothing for a prior unlawful presence

If you're adjusting as an immediate relative, that's great because the EWI is preventing you from adjustment and unlawful presence doesn't matter. With most other avenues like being sponsored by a parent or siblings or employer it doesn't help and you'll still need a waiver.

How about for employment based applications like mine, if one loses the job during the 601A processing, then the whole green card application us longer viable right?

There's no requirement to work for the employer sponsoring you until after you get your green card. So if the employer is willing to eventually rehire you the petition remains viable.

In general the rule of thumb is: Start working for them ASAP, work at least 180 days and past that you can find something new. USCIS doesn't really check if you remain employed, these are things that come up in the wash when you file I-90 to renew the green card or file N-400 to naturalize. Considering the COVID situation, if your employer's shut down, ASAP can be a pretty long period of time.

So during the naturalization interview it'd be like: "You were sponsored by company X, but you didn't start working for them until like 4 months after you admission, why?" Answer: "I worked for them before I got my green card, I was furloughed while the application was pending since the whole company mostly shut down due to COVID, they were willing to proceed with the sponsorship despite that, and they did rehire me once they resumed operations".

Of course is the employer is no longer willing to employ you then the petition's toast.

thank you @Demise for all the great information.