January 2010 AOS Filers

[DND2009 3]

Sorry just read the other posts...you are alone in this as I believe I have never heard of anything like leaving a country without AP in hopes of sending it in the mail.

Please keep us posted on what happens...

You are not alone. I received approval for my EAD two days ago (after it was not touched for 6 weeks), and haven't heard anything for my AP. I also did an early walk in biometrics appt to speed things up but still received my approval on the 57th day.

Still waiting for AP and AOS.

So as Fatima suggests call them and schedule an APPT since it's an emergency, good luck!

[AAD... 4EVER!!! 0]

I had filed my 485,765,131,130 on Jan 13th 2010 NoA all dated Jan 19th

I have not done my biometrics since there was a bad storm and have to schedule new date on 485 and 765.

My problem is that last touch on 485-3/18

all others haven't been touched since 2/1/10

I need the travel permit asap, very bad

CAN SOMEONE HELP WITH ANSWERS

i NEED TO KNOW WHY JUST A BIG DELAY, I SEEN PEOPLE GET THERE TRAVEL PERMIT IN 60 DAYS.

COULD THIS ALSO HAPPEN CAUSE I HAVEN'T TAKEN MY FINGERPRINTS EITHER? WHAT COULD BE THE HOLDUP, I AM REALLY WORRIED

To get the Ead and AP approved, you must have the biometrics done.

[Calypso 464]

THE AP IS FOR MY WIFE AND SHE IS OUT OF THE COUNTRY, CAN I AS THE PETITIONER WALK IN TO EXPEDITE THE TRAVEL PERMIT AND SHE HAS TO TAKE THE FINGER PRINTS TOO. THE ONLINE STATUS SAY INTIAL REVIEW, IT HASNT BEEN TOUCHED SINCE FEB 1ST, I CALLED CONGRESSMAN TOO, SHE NEED THE TRAVEL PERMIT TO GET BACK HERE, WE BOTH LEFT IN JANUARY

Your lawyer has given you erroneous advice. Some people are even made to repeat their biometrics if they had some troubles during the first attempt. I am sorry to hear about this. You might want to post outside this thread and see if there could be a remedy for your situation. As far as what I've read here, the only way you could bring your wife back is for you both to start another visa process. I might be wrong though.

[Gil + Pel 2]

Hi everybody!

I got an e-mail from USCIS saying that they have approved my I-765 application! still no news about GC and AP tho...

[Calypso 464]

Hi everybody!

I got an e-mail from USCIS saying that they have approved my I-765 application! still no news about GC and AP tho...

Congratulations!

[Gil + Pel 2]

Congratulations!

Thank you calypso

[F & J 21]

THE AP IS FOR MY WIFE AND SHE IS OUT OF THE COUNTRY, CAN I AS THE PETITIONER WALK IN TO EXPEDITE THE TRAVEL PERMIT AND SHE HAS TO TAKE THE FINGER PRINTS TOO. THE ONLINE STATUS SAY INTIAL REVIEW, IT HASNT BEEN TOUCHED SINCE FEB 1ST, I CALLED CONGRESSMAN TOO, SHE NEED THE TRAVEL PERMIT TO GET BACK HERE, WE BOTH LEFT IN JANUARY

Hi kensue! Just to make things clear... What visa did your wife enter the U.S. on? If she entered on a K-3, H-1, H-4, L-1, L-2 or V-2 visa and you already filed the I-485, she doesn't need the travel permit (however, the K, H, L or V visa that she used MUST still be valid upon reentry). BUT if she entered on any other visa and applied for Advance Parole, it says on the I-131 instructions that:

If you travel before the advance parole document is issued, your application will be considered abandoned if:

1.

You depart the United States; or

2.

The person seeking advance parole attempts to enter the United States before a decision is made on the application.

http://www.uscis.gov/USCIS/Forms/Forms%20Static%20Files/i-131instr.pdf

Please also read this travel advisory from the USCIS:

http://www.uscis.gov/files/pressrelease/TravelAdvisory100406.pdf

Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits.

Individuals must be

approved

for Advance Parole

before leaving the United States

.

Travel outside of the United States without Advance Parole may result in serious consequences, including being unable to return to the United States and having pending immigration-related applications denied.

Please try to search and see if someone else knows more about or has been in your situation. Good luck! I hope everything works out! In any case, it was your lawyer who gave you wrong information. You are not supposed to leave the U.S. until the Advance Parole application is approved - but still, it all depends on what kind of visa your wife had prior to applying for Adjustment of Status.

Edited March 25, 2010 by Fatima and Jim

[cml 0]

Sorry just read the other posts...you are alone in this as I believe I have never heard of anything like leaving a country without AP in hopes of sending it in the mail.

Please keep us posted on what happens...

dnd2009,

Do not be alarmed about your wife leaving without the AP, she only needs the AP to re-enter the US.If she has a VISA, that is what she used to leave the US.

when she gets the interview or the the AP......she can return on the VISA if it is valid or use the AP when it is approved.

[F & J 21]

dnd2009,

Do not be alarmed about your wife leaving without the AP, she only needs the AP to re-enter the US.If she has a VISA, that is what she used to leave the US.

when she gets the interview or the the AP......she can return on the VISA if it is valid or use the AP when it is approved.

Hi cml! Just wanted to note that it's kensue who is asking about the AP.

Also to prevent any misunderstandings about the consequences of leaving without an APPROVED Advance Parole / Travel Document, please refer to my previous post:

Hi kensue! Just to make things clear... What visa did your wife enter the U.S. on? If she entered on a K-3, H-1, H-4, L-1, L-2 or V-2 visa and you already filed the I-485, she doesn't need the travel permit (however, the K, H, L or V visa that she used MUST still be valid upon reentry). BUT if she entered on any other visa and applied for Advance Parole, it says on the I-131 instructions that:

If you travel before the advance parole document is issued, your application will be considered abandoned if:

1.

You depart the United States; or

2.

The person seeking advance parole attempts to enter the United States before a decision is made on the application.

http://www.uscis.gov/USCIS/Forms/Forms%20Static%20Files/i-131instr.pdf

Please also read this travel advisory from the USCIS:

http://www.uscis.gov/files/pressrelease/TravelAdvisory100406.pdf

Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits.

Individuals must be

approved

for Advance Parole

before leaving the United States

.

Travel outside of the United States without Advance Parole may result in serious consequences, including being unable to return to the United States and having pending immigration-related applications denied.

Please try to search and see if someone else knows more about or has been in your situation. Good luck! I hope everything works out! In any case, it was your lawyer who gave you wrong information. You are not supposed to leave the U.S. until the Advance Parole application is approved - but still, it all depends on what kind of visa your wife had prior to applying for Adjustment of Status.

Edited March 25, 2010 by Fatima and Jim

[cml 0]

Hi cml! Just wanted to note that it's kensue who is asking about the AP.

Also to prevent any misunderstandings about the consequences of leaving without an APPROVED Advance Parole / Travel Document, please refer to my previous post:

I understand all of that but...I can assure you...that both my sibblings were on a F1visa and both of them applied for AOS to include the (AP & EAD), and both brothers

persons left the us without the AP being approved and when they were eventually approved 2 weeks after they left he country... they were both able to return.....

As a matter of fact one of them came in with the I-120. USCIS rules are subjective....and this was in 2009.

Our mom was in the US when she was being sponsored, she had an emergency and left the country without the approved AP...and when she arrived to ATL...our attorney was at the border

with the AP.....

[cherryblossom2010 0]

Congrats sweetgurl on your gc card

Congrats drvt and I would also want to hear more about your experience!! This is soooooo exciting!!

Hi again!

I think I finally got the Spreadsheet up to date!

Please check if your info is correct

Good luck everyone!

Thank you Fatima

I believe you may have gotten bad advice from your lawyer. Someone else with more knowledge can tell you for sure, but I thought the whole point of AP was because you CANNOT leave the country once you have filed your application, or they will consider your application abandoned...

I second that. I think your lawyer had given you an incorrect info. I am so sorry this is happening to you.

[F & J 21]

I understand all of that but...I can assure you...that both my sibblings were on a F1visa and both of them applied for AOS to include the (AP & EAD), and both brothers

persons left the us without the AP being approved and when they were eventually approved 2 weeks after they left he country... they were both able to return.....

As a matter of fact one of them came in with the I-120. USCIS rules are subjective....and this was in 2009.

Our mom was in the US when she was being sponsored, she had an emergency and left the country without the approved AP...and when she arrived to ATL...our attorney was at the border

with the AP.....

Yes, as long as the visa they used is still valid upon reentry, they should have no problems - the only reason most people on this thread say that the AOS would be considered abandoned if the applicant left without an approved AP is because most of us entered on a K-1 visa which is a single-entry visa and cannot be used to reenter the U.S. even if the applicant married her petitioner.

Anyway, kensue may use your case as reference. If someone has successfully reentered the U.S. after leaving without the approved AP and just had it mailed or handed to them at the border, then it may not be an issue. Hopefully it all works out for kensue's wife!

[Calypso 464]

Yes, as long as the visa they used is still valid upon reentry, they should have no problems - the only reason most people on this thread say that the AOS would be considered abandoned if the applicant left without an approved AP is because most of us entered on a K-1 visa which is a single-entry visa and cannot be used to reenter the U.S. even if the applicant married her petitioner.

Anyway, kensue may use your case as reference. If someone has successfully reentered the U.S. after leaving without the approved AP and just had it mailed or handed to them at the border, then it may not be an issue. Hopefully it all works out for kensue's wife!

for clarifying, Fatima. I forgot that not all of us in this thread arrived here using K1.

[cml 0]

Yes, as long as the visa they used is still valid upon reentry, they should have no problems - the only reason most people on this thread say that the AOS would be considered abandoned if the applicant left without an approved AP is because most of us entered on a K-1 visa which is a single-entry visa and cannot be used to reenter the U.S. even if the applicant married her petitioner.

Anyway, kensue may use your case as reference. If someone has successfully reentered the U.S. after leaving without the approved AP and just had it mailed or handed to them at the border, then it may not be an issue. Hopefully it all works out for kensue's wife!

I will tell you this...USCIS can be quite forgiving at times,However, thier inconsistencies on the same issue-- marvel most of us....but this is why I like this forum, people can share thier experiences, so that others will know thier potential options.

[F & J 21]

I will tell you this...USCIS can be quite forgiving at times,However, thier inconsistencies on the same issue-- marvel most of us....but this is why I like this forum, people can share thier experiences, so that others will know thier potential options.

I know what you mean! It really can be quite frustrating at times... take for example the I-693 requirement! ack! @_@

Edited March 25, 2010 by Fatima and Jim