refused expedited adv parole

[crixus 0]

We married a year ago, sent the package off for AOS the day after we married; we waited until we had NOA1 to apply for advanced parole. We sent a letter from Lars' employer stating the day he had to return and a copy of his return ticket WITH our AOS package and a letter explaining his situation. After NOA1 was received he called the main USCIS# and applied for expedite. He emailed copies of the letter and ticket to a caseworker at USCIS and he was contacted by our local office. We emailed THEM the same docs and his expedited AP was approved. He ended up having to stay an extra week (YAY) to get it all done, but he was able to get it. Lars had to return to Africa to finish out his work contract. I wrote a lot about it within our March 2009 Filers Group. PM me if you need more info and good luck.

(P.S. we were prepared that he may have to just take a leave from that job if he was denied but everything I read last year indicated that with a little planning, hence the "frontloading" of the AOS package, it was doable)

thx for d info missy missy..i was getting scared that am d only person out there with wrk commitments back home...am glad u replied...my wrk contract ends in march and it really would b a shame to lose d job that av wrkd so hard for 4 yrs,....i do intend to resiugn but at least at d expiratn of my contract in march...my expedited AP was denied so am waiting on the AP request we sent in along with the AOS papers...i hope to get it soon...i just hope i do not lose d job before i get a chance to go back and explain my circumstances..am tryna do things properly and its hurts when ppl think i was ill prepared for the immigratn process...thx again for ur response...did u guys hav an intvw for the AOS?

[Krikit 1,165]

It's all the luck of the draw, unfortunately. Some officers don't care while others do. I have actually seen AP expedites refused even when a parent was on their deathbed and subsequently passed! Absolutely disgusting behaviour. For what it's worth..... while I was at an InfoPass appointment getting an emergency AP, the officer said bona fide business travel was a good reason for an expedite. I don't suppose you could visit another office? Sorry, but I have nothing else to offer.

As an aside..... in your situation (adjusting from a tourist visa) you're taking a big chance leaving the US -- even with the AP -- if you had any sort of overstay. Just commenting.

Oh, and you're not the only one with work commitments back home, so no worries. I had them, and quite a number of other Canadians had/have them too.

[Krikit 1,165]

Not sure how helpful this is but I found this on uscis.gov:

If I file Form I-131 to get a reentry permit while I am in the United States, will USCIS deny the Form I-131 if I leave the United States while the form is still pending?

We recommend that you file Form I-131 while you are in the United States. However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a

U.S. Embassy, or consulate, or a DHS office overseas, so you can pick it up from one of those facilities.

Link

[crixus 0]

Not sure how helpful this is but I found this on uscis.gov:

If I file Form I-131 to get a reentry permit while I am in the United States, will USCIS deny the Form I-131 if I leave the United States while the form is still pending?

We recommend that you file Form I-131 while you are in the United States. However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a

U.S. Embassy, or consulate, or a DHS office overseas, so you can pick it up from one of those facilities.

Link

hey thx loads...hadnt seen this b4 so i will look into it...my current B2 visa hasnt xpired interestingly but d USCIS site says if one leaves without AP, its a bad bad idea...

and i do agree logically that having valid business commitment is a good reason to leave d US...i know my case isnt as bad as those ppl who hav to leave for family emergencies/sickness or worse and i empathise with those folks.

thx much for ur concern

[Krikit 1,165]

Well, the AP does allow for having it delivered to another country.... it gives you the option on the application. But I'm not sure how you go about changing that. Perhaps if you went to an InfoPass appointment armed with their own document maybe they could change delivery. They can only say no. Again. lol

[Boiler 46,123]

Check, but my recollection is that the AP has to be issued before you leave, but if you have left and it comes a few days later with a prior date it can be sent on to you and you can use it.

[Krikit 1,165]

Yes, I've seen conflicting statements. CBP says it has to be approved, USCIS says not. I'd try the InfoPass with that linked document, again, and see what they say.

[crixus 0]

Check, but my recollection is that the AP has to be issued before you leave, but if you have left and it comes a few days later with a prior date it can be sent on to you and you can use it.

thx...i think ur rite

Yes, I've seen conflicting statements. CBP says it has to be approved, USCIS says not. I'd try the InfoPass with that linked document, again, and see what they say.

lol///not a bad idea...wil look into it n see...i like how ur thinkin tho

[VanessaTony 3,567]

thx...i think ur rite

lol///not a bad idea...wil look into it n see...i like how ur thinkin tho

Well, the AP does allow for having it delivered to another country.... it gives you the option on the application. But I'm not sure how you go about changing that. Perhaps if you went to an InfoPass appointment armed with their own document maybe they could change delivery. They can only say no. Again. lol

It's a bit misleading honestly, because if your application is denied and you are out of the country you are deemed to have abandoned your AOS process.

Do NOT leave without your AP document. You would have to file a Cr-1 application and that can take around 12 months. Totally not worth the risk. I would repetition for the expedite.

You are right that losing money is a way to get the expedite, but you're not actually losing money, you're just not gaining it.

[crixus 0]

It's a bit misleading honestly, because if your application is denied and you are out of the country you are deemed to have abandoned your AOS process.

Do NOT leave without your AP document. You would have to file a Cr-1 application and that can take around 12 months. Totally not worth the risk. I would repetition for the expedite.

You are right that losing money is a way to get the expedite, but you're not actually losing money, you're just not gaining it.

i agree totally..not gona leave without the AP..ultimately not worth the risk..wat i hav learnt from all d advice is that i must basically be ready to lose the job if it comes to that..and i have come to terms with that..i will think about it n decide if to try for another expedite or wait for the regular processing...thx Vanessa/Tony

[SophWeb 25]

Check, but my recollection is that the AP has to be issued before you leave, but if you have left and it comes a few days later with a prior date it can be sent on to you and you can use it.

When you apply for an expedited AP, you have the option of giving the Immigration Officer your credit card number so that they can overnight it to you. That would alleviate some of the wait for the actual document.

[Brother Hesekiel 2,236]

I understand where you are coming from and why you would want to continue working until March.

One potential problem I see is that during the AOS interview, you'll have to show evidence that you and your wife lived as a happily married couple together . . . in the USA. I am not sure how you are going to convince a Government employee who oftentimes things in terms of what he or she considers "normal" that you are happily married and living together with your happily wedded wife, when you in fact live and work in a different country, two-thousand + miles away?

That doesn't mean you can't do it; it just means you are putting obstacles in the way of your own AOS process.