Getting advance parole a week after submitting the AOS

[Joshua Kaufman 1]

I'm currently mulling through adjustment of status forms for my wife and step-son and plan to submit them by December 15. The issue is that my wife urgently needs to leave the country for both family and work reasons. She is planning to travel in early January. Being so close to Christmas, it seems like we need to get an infopass appointment immediately and file for advance parole in person. My concern is that our appointment may happen to soon after we submit the AOS package: they may not have processed it by the time we apply for advance parole.

Has anyone else had this issue before? What are our chances of getting advance parole considering the circumstances?

Thanks so much for you help!

[Krikit 1,164]

That's a tough one because they need the receipt to see that you've applied for AOS before they'll consider the request. And you probably won't have received your NOA by the time your wife needs to travel. If you could show them a cancelled check, along with a copy of the application, that may be of SOME help. You've got an uphill battle ahead, Joshua. Good luck.

[Joshua Kaufman 1]

That's a tough one because they need the receipt to see that you've applied for AOS before they'll consider the request.

That's my main concern, but surely they'll consider the request if it's truly urgent, right? They can not keep her from visiting her family and carrying out her work just because of their ridiculous beaurocrasy!

Edited December 11, 2007 by Joshua Kaufman

[athena_ny 1]

That's a tough one because they need the receipt to see that you've applied for AOS before they'll consider the request.

That's my main concern, but surely they'll consider the request if it's truly urgent, right? They can not keep her from visiting her family and carrying out her work just because of their ridiculous beaurocrasy!

Well, yes, they can. (edit: actually, Krikit is right. They can't stop her, but they can stop her from re-entering.)

And it depends on the office. Some want to see proof of an emergency (letter from a doctor of a sick family member, and I even heard one person was told to come back when they had a death certificate for an ill family member), some are more lenient as to what they'll consider an emergency. It depends on the office and the officer.

Edited December 11, 2007 by meow mix

[Krikit 1,164]

That's my main concern, but surely they'll consider the request if it's truly urgent, right? They can not keep her from visiting her family and carrying out her work just because of their ridiculous beaurocrasy!

Actually, they're not keeping her from visiting family and carrying out her work.... she's free to do that. She just won't be able to re-enter without that AP document.

[Nina+Matt 0]

uscis doesnt have to consider anything!! from stories ive read here on vj they do pretty much what they want! i dont know what to tell you, but you can definantely try to get the emergerncy ap at an infopass appointment. if youre lucky you might already have your noa by the time you have the appointment. the thing is, ive read that some emergency ap got denied even though the person applying had the death certificate of an immidiate famlily member, means that person couldnt even go to the funeral without jeopardizing the aos process!!

but i definately wish you lot of luck on that one, i have my fingers crossed!

[Kez/JWolf 6]

If your wife leaves the US without AP then she will have abandoned her AOS and she will not be allowed back into the US with out a Spousal Visa....

Your Chances of a Emergency AP are slim unless it is a life or death situation with a close relative....

Kez

[Empress of Groovy 373]

That's a tough one because they need the receipt to see that you've applied for AOS before they'll consider the request.

That's my main concern, but surely they'll consider the request if it's truly urgent, right? They can not keep her from visiting her family and carrying out her work just because of their ridiculous beaurocrasy!

I know it's unbelievable--you go through the tedious process of obtaining a K-1 visa, then you can't leave (without reentry complications, that is) until you have yet another document! But unfortunately, that's the way it is. The other posters are right--USCIS can do what they want, and the circumstances under which you can get an emergency AP are very limited. In terms of family reasons, an immediate family member must be dying or dead, and the burden is on you to provide proof of this. Just to give you an idea of how heartless USCIS can be in these matters, Jon, my husband, inquired about emergency AP to return to the UK because his stepfather was seriously ill (he has since had a kidney transplant and is doing much better). Jon's mother and stepfather married when Jon was five, but we were told that stepparents don't count! We were both open-mouthed in disbelief, and the USCIS lady just shrugged.

Your best best is to get the AOS, EAD, and AP applications submitted as soon as possible and have your wife arrange to travel when she has the AP in hand. It's up to you, of course, but you could be in for quite a bureaucratic entanglement if she leaves before she has AP.

Edited December 12, 2007 by AOS despair

[Joshua Kaufman 1]

Just to quickly follow up on this post: yes, it was very difficult to do what I wanted. Here's what we did instead. I e-filed for advance parole. I went to the immigration office the next day and gave them all the related paperwork. I received the advance parole a week and a half later.

[Krikit 1,164]

Wonderful. Good news, Joshua. Congratulations.