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Hello I need some input..from anyone who has experienced this or knows any one who has....I came to the US in 1983 from Africa..was about 3 years old...now my husband (he is in the Navy) is filing I 485 for me...and I don't have a proof of entry..I 130 got approved already..I had my interview yesterday. I tried getting a record, but they say no record can be found.....we have two very young kids together...I was detained in 2009..but the case was administratively closed to allow me pursue my case through USCIS...during the interview, right after the oath..she went straight to my record of entry...she made me tell her how I came into the country with my uncle..she typed it up and I signed it. She then said we will see what we can do because it is hard for you to get a proof of entry since is so long ago and we can't find a proof either cos we don't keep record for that long and don't know of any department that keeps record for that long. She said our goal is to keep families together especially military families. She told me about the parole in place for active duty military spouses, I told her my lawyer said I can't request that because is for those people with EWI...she said I can understand why your lawyer doesn't want to request that..but in your case you still don't have evidence and can never get one..She said we have no doubt that you guys are a family..is just that the as the current law stand we need some evidence of entry no matter how long ago. She then went over the I 485 form, then said I can I have your lease agreement for your apartment and your daughter birth certificate because when my lawyer filed the I 485 i was still pregnant with her, and I gave it to her...then she request for my military Id and my husbands and said she wants to make copies. She said is hard to move forward with your case, everyone is stuck and I can tell you have spent your whole life here..but I don't know everything I will speak with supervisor and see if there is anyway we can help you as a military spouse...and if they do chose to adjust the status you will know...she was really nice to us....AM SO NERVOUS...don't know how long the wait is..I don't know my options at all..any input..
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Sorry to hear that. Now your case is in USCIS hand, if they can adjust they do but they don't go beyond the rules. They only follow the line, even though whatever the IO, so nice, polite but he not gonna do any thing.
The way is once they denied your application then you can file a case in court, and most probably the immigration judge may approve. ( 60:40 chances). You need a good attorney at that time.
Don't worry, you already have EAD, SSN. Try if you can get your old passport, or anyway entry records (may be your immunization records like when and how, where you got. Medical records visits etc) keep with you when they called you again.
Those records not helpful but may be the judge may consider.
Best of luck. -
Do you know about parole in placeComment
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Yes, this is a good option for you. You should try this. Below is the complete info how to do. (Best of Luck)
In most cases, individuals who enter the United States without inspection cannot apply for adjustment of status from within the United States even if they have married a U.S. citizen.
In most cases, they must return to their home countries where they apply for and are interviewed for admission into the United States. Known as consular processing, this ordeal can lead to very lengthy family separations.
Parole in place is a process that allows immediate relatives of active duty military servicemen and women to remain in the United States. If parole in place is granted, the spouse may then be eligible to file for adjustment of status from within the United States, and if approved, he or she would become a lawful permanent resident.
Applying for Parole in Place
Parole in place is granted by the District Director of the U.S. Citizenship & Immigration Services (USCIS) office having jurisdiction over the family’s place of residence. The relief is considered on a case by case basis and is highly discretionary.
Because parole in place is a relatively new form of relief, no formal guidelines have been issued. Applicants typically begin the process by filing Form I-131 with the local USCIS office together with the filing fee of $360.00 and an $85.00 biometric fee.
Common documents that may be required (but not always) to be filed with the I-131 include:
A hardship letter drafted in the name of the service member
The service member’s birth certificate
The spouse’s birth certificate
The birth certificates of any children
The marriage certificate
Evidence of a bona fide marriage (bills, lease agreements, mortgages, photos, affidavits from family members and friends, mailings, etc.)
The family member’s military family member identification card
A copy of Defense Eligibility Enrollment Reporting System enrollment documentation for the family member
Two original passport photos of the family member
A copy of any deployment orders for the service member
Any additional documents substantiating the case for hardship
When parole in place is granted, the family member will receive a parole document in the form of an I-94 card. Upon receipt, he or she may proceed with the next steps necessary to adjust status which may vary.
The Risks Associated with Parole in Place
Of course, by applying for parole in place, the undocumented status of the family member is brought to the attention of the federal government. If parole in place is not granted, there is always the possibility one could be placed in removal (deportation) proceedings.
For this reason, it is absolutely essential to be completely forthcoming about your immigration and criminal histories with an immigration attorney. You should inform your attorney of all arrests, charges and convictions. You should also be up front about the number of times you have attempted to enter the United States and whether or not you have ever committed any immigration violations.
Only after considering such information can an attorney accurately determine whether or not you are an ideal candidate for parole in place.
Even so, there are no guarantees of success. Parole in place is not always applied consistently by USCIS field offices throughout the country. In addition, like most forms of immigration relief, officers have wide discretion to approve or deny a request for parole in place. As a result, even if you qualify, the process will not necessarily be easy or successful.
Conclusion
Parole in place can provide a great benefit for the families of active duty U.S. military personnel. If granted, it can help reduce the stress associated with the immigration process suffered by eliminating the necessity of a lengthy family separation. It can also reduce the uncertainty that is so prevalent in the homes of families with undocumented family members.
Look here for a more detailed explanation.Comment
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Help just had my interviewed yesterday...
I suggest why don't u go out from US using advance parole since u can't proof ur entry,.after u come back to US using ur advance parole They will stamp ur passport "Paroled" but this suppose to do before ur interview,.cause if u want adjust status u have to get "parole" or "admit" for ur proof legal entry to USComment
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I think the best thing for you to do ,is to file for PIP ( Parole IN PLACE),
I don't know if you have heard about PIP,(Parole IN Place) It is for Immigrant who have been here without Inspection or overstayed their visa, and they are married to an active duty members,whether currently in the arm force,navy ,army,or your husband/wives are veterans.you can read it up ,or If you have a lawyer you can bring that to his/her attention.
I hope this helps.Comment
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