Need urgent help, family member is sick and I need to expedite AP

[felipe2121 0]

Hi to everyone, I applied for my I-130 / I-485 about 3 weeks ago and received my receipts and NOA,

I also applied for the AP Travel document. I just got a phone call stating that a close family member is in serious medical condition, my AP is still about 40 days or more out. What can I do I know there is a way to expedite the AP as I was reading through previous posts, but it dosent really say much about time frames.

Could someone please outline the procedure and timeline for an expedited AP? Also what is info pass?

Thank you so much for your help.

[Scott and Mhay 57]

call your nearest field office and make an infopass appt. They will be able to help you out better. This is the same office that you will go to the interview for your AOS if they require it.

Or you can go here to make an infopass appt. :

http://infopass.uscis.gov/

[felipe2121 0]

What happens once I scheduale a Info Pass Appointment? What will I have to bring to the appointment?

[HeatDeath 430]

What happens once I scheduale a Info Pass Appointment? What will I have to bring to the appointment?

You will probably need some documentary evidence of the medical emergency. A faxed (or scanned and emailed) doctor's note will probably do.

If they decide at the meeting to approve the expedite, you will usually have the AP document within 24 hours. You might even be able to walk out of the meeting with it.

Edited February 21, 2010 by HeatDeath

[Nik+Heather 121]

Just so you know, looking at your timeline, you may incur a 3 year ban upon exiting the country if you leave, regardless of the status of your AP.

According to your timeline, you entered on May 3rd, 2009, but you didn't send in your AOS packet until 270 days later, January 28, 2010. You got your NOA even later, Feb 11. That's 284 days later - If your original stay was stamped in for only 90 days (correct me if I'm wrong - maybe you came in on a B-2 for 6 months?), then you have accumulated more than 180 days of overstay.

[HeatDeath 430]

Ooh, yikes! didn't see that at 1 in the morning. D'oh!

If you have over 180 out-of-status days, DO NOT LEAVE THE US!

I"m sorry about your relative, but if you leave with that many OOS days (WHETHER YOU HAVE AN AP OR NOT) you will get locked out for 3 years. They're very sticky about that sort of thing, and unlikely to budge, even for a dying relative.

[felipe2121 0]

Ooh, yikes! didn't see that at 1 in the morning. D'oh!

If you have over 180 out-of-status days, DO NOT LEAVE THE US!

I"m sorry about your relative, but if you leave with that many OOS days (WHETHER YOU HAVE AN AP OR NOT) you will get locked out for 3 years. They're very sticky about that sort of thing, and unlikely to budge, even for a dying relative.

Yes I know I overstayed however, but if I have AP approved from the USCIS why would I get locked out? I ask beacuse it dosent seem to make sense since they are the ones approving it and giving permission to travel. FYI I came on a Visa Waiver

[milimelo 4,500]

Read the Instructions for I-131 - page 3 -- clearly states what happens if you use the AP and were out of status.

[Rebecca Jo 1,962]

Yes I know I overstayed however, but if I have AP approved from the USCIS why would I get locked out? I ask beacuse it dosent seem to make sense since they are the ones approving it and giving permission to travel. FYI I came on a Visa Waiver

USCIS will give an AP document to just about anybody who files for it.

Whether or not that person should use that document is another matter.

[Bobby+Umit 161]

Yes I know I overstayed however, but if I have AP approved from the USCIS why would I get locked out? I ask beacuse it dosent seem to make sense since they are the ones approving it and giving permission to travel. FYI I came on a Visa Waiver

As stated - USCIS doesn't check your "overstay" status when issuing the AP (indeed, the ban does not kick in till you actually leave and attempt re-entry into the US).

Upon return, CBP is the one that processes the AP and looks at your history. If you have overstay 180+, regardless of the AP/AOS, you might be banned.

This is another reason people should not wait till to file the AOS, they should get it done prior to the I-94 expiring (or going over 180 days+ past that date)

I would recommend till you get the greencard.

BTW - this issue came up before, and the couple went to an INFOPASS to ask - was given the same things you are getting here - "don't leave"