Advance Parole while waiting for I-485 Pending

[danishguy 0]

Hello out there,

I need your urgent advise.

I got married to my american wife in December 2007 while coming here on a visitor Visa, but we did not get married until it was expired. We applied for a I485 and I765 meanwhile I received my work permit but I'm still waiting to go to my interview to become a residence. A little over two months ago we applied for a Advance parole I-131 because I need to go back to Denmark for family celebrations with my wife. On february 19th we got the received notice on the AP but since then haven't heard anything back. We are scheduled to travel in a month and I'm getting worried that I won't receive it in due time. I set up a meeting at the immegration office to get it expedited but they would only do that for emergencies. However they gave me a fax number where they told me to fax my iterniary in order to get it faster but I don't know if it helped. I also called the expedite hotline where the agent told me that I only need proof that the AP was filed and that I did not need the actual AP. I don't believe that.

So my question to you is, what do I do next as I have a month left? What is the transit time on AP's?

Thanks and have a great day!

[payxibka 10,045]

Obviously you know now that the I-131 could have and should have been filed with the original application. I-131 approval is 60-90 days typical. Sometimes shorter, sometimes longer.....

[bluegreen 0]

My AP NOA date is four days before yours, and I got an approved email last week. So you should be getting yours soon.

Be careful using it if you filed when you were in overstay, as there is a chance you may have trouble re-entering. There are a few threads on this, including one recent one. It seems to be a grey area but the consensus is that if you filed AP while on a visitor visa, AND you were in overstay, you are at risk of not being re-admitted. Not to rain on your parade - just something to look into:)

[danishguy 0]

My AP NOA date is four days before yours, and I got an approved email last week. So you should be getting yours soon.

Be careful using it if you filed when you were in overstay, as there is a chance you may have trouble re-entering. There are a few threads on this, including one recent one. It seems to be a grey area but the consensus is that if you filed AP while on a visitor visa, AND you were in overstay, you are at risk of not being re-admitted. Not to rain on your parade - just something to look into:)

Did you receive the actual Advanced Parole? So it sounds like there's still hope.

I will be very careful about this but we did not file until after the visitor visa had expired. So we applied being out of status to get into status so hopefully it's okay.

Thank you for your reply:-)

[payxibka 10,045]

My AP NOA date is four days before yours, and I got an approved email last week. So you should be getting yours soon.

Be careful using it if you filed when you were in overstay, as there is a chance you may have trouble re-entering. There are a few threads on this, including one recent one. It seems to be a grey area but the consensus is that if you filed AP while on a visitor visa, AND you were in overstay, you are at risk of not being re-admitted. Not to rain on your parade - just something to look into:)

Did you receive the actual Advanced Parole? So it sounds like there's still hope.

I will be very careful about this but we did not file until after the visitor visa had expired. So we applied being out of status to get into status so hopefully it's okay.

Thank you for your reply:-)

Your EAD would also have been affected by your "out of status" per se... and as you have mentioned, it was not.

But it would probably be wise not to travel with AP anyways as anytime you have accrued overstay, AP by itself will not prevent denial of entry.

Edited April 21, 2008 by fwaguy

[bluegreen 0]

My AP NOA date is four days before yours, and I got an approved email last week. So you should be getting yours soon.

Be careful using it if you filed when you were in overstay, as there is a chance you may have trouble re-entering. There are a few threads on this, including one recent one. It seems to be a grey area but the consensus is that if you filed AP while on a visitor visa, AND you were in overstay, you are at risk of not being re-admitted. Not to rain on your parade - just something to look into:)

Did you receive the actual Advanced Parole? So it sounds like there's still hope.

I will be very careful about this but we did not file until after the visitor visa had expired. So we applied being out of status to get into status so hopefully it's okay.

Thank you for your reply:-)

I haven't received it yet - hopefully any day. I only got the email mid last week. Yeah, just do some reading about using your AP when you are adjusting from being out of status, since they do look at what your status was when you last entered the US, regardless of if you got married or filed AOS. You are not in permanent status yet - you are "AOS pending" There definitely seem to be mixed opinions on this, so it could be a problem or it could be fine!

[danishguy 0]

fwaguy,

I know that AP is not a guaranteed to get me back in. Overstay should be erased when getting into status or AOS.

bluegreen,

Congrats on getting your approval. I didn't know there was a place to enter your email address, did you do that on the form or online? Could you let me know when you receive the actual AP? Just for comparison, thanks.

[bluegreen 0]

fwaguy,

I know that AP is not a guaranteed to get me back in. Overstay should be erased when getting into status or AOS.

bluegreen,

Congrats on getting your approval. I didn't know there was a place to enter your email address, did you do that on the form or online? Could you let me know when you receive the actual AP? Just for comparison, thanks.

You enter it online. It IS helpful, but not always accurate. My I-130 has still not shown up, so I can't receive emails about that part of my application. Yes, I'll let you know when I receive it.

[bluegreen 0]

Could you let me know when you receive the actual AP? Just for comparison, thanks.

It arrived in the mail just now:)

Edited April 21, 2008 by bluegreen

[danishguy 0]

Could you let me know when you receive the actual AP? Just for comparison, thanks.

It arrived in the mail just now:)

AWESOME, I'm happy on your behalf!!:-)

[danishguy 0]

Hello Bluegreen,

Sorry for bugging you again. Which service center did you file thru? Was it Nebraska?

Thanks,

[bluegreen 0]

Hello Bluegreen,

Sorry for bugging you again. Which service center did you file thru? Was it Nebraska?

Thanks,

Chicago. When you file concurrently everything, including the 1-130 goes to Chicago. I am not sure if the petitions then get split up and the I-130 then goes to the relevant service centre or not. I phoned the info line about something the other day, and that guy told me they all stay together at the National Benefits Centre and are adjudicated together. So I don't actually know.

Hope that helps!