Traveling outside USA, not have AP, J1 unexpired

[sakaochao 0]

I just applied for my green card and I have not received an advance parole yet nor a fingerprint appointment. But I need to travel outside USA because my father is dying from cancer.

I am here on J1 internship status and my visa is expired on 01/10/2012 so can I travel outside USA using my J1 visa to come back before it's expired?

What should I do? Or can I ask for emergency advance parole?

Please give me advice, Thank you!

[at long last 58]

My friend who just went through this process earlier this year had to have a doctors note stating her fathers condition and she was given an AP. Sadly she got there 2 days late.

So I suggest make haste and do what has to be done to expedite your AP. They do make exceptions for emergency reasons.

Good luck to you

[sakaochao 0]

My friend who just went through this process earlier this year had to have a doctors note stating her fathers condition and she was given an AP. Sadly she got there 2 days late.

So I suggest make haste and do what has to be done to expedite your AP. They do make exceptions for emergency reasons.

Good luck to you

I live in Maryland, I made an appointment for INFOPASS, the soonest I got was Dec 5, 2011.

I have not got the Biometrics done. Can I just walking without the appointment?

My father is really ill and he keeps calling my name all the time.

I don't really know what to do.

Thank you!

[Little_My 464]

If you leave without the AP, your AOS will be considered abandoned. This means you will be stuck outside the US, you'll lose the fees you paid already, and you will have to apply for a GC again abroad, so for example if this is a married based application, you would apply for the CR-1 spousal visa from your home country.

Do you have a biometrics appointment scheduled yet? You could try to do a walk-in and just go to the local application support center to see if they'd take you in without an appointment for that day. Worked for me in NYC. You could then try the same with INFOPASS, and just go to the location and see if you could talk to someone even though you don't have an appointment for that day.

Personally, if my father was dying back home when I was applying, I would have tried everything I could possibly imagine to get the AP before leaving, but in the end I wouldn't of cared about the fees or application in that situation. Sometimes immigration just has to come second to other things in life, no matter how important all this immigration business is to all of us. If it was question of AOS vs. a close family member dying, it would have been a pretty clear-cut situation for me.. but that is just my personal opinion.

[ceadsearc 516]

A J-1 is a non-immigrant visa so you can't return if you leave without AP.

But it sounds like you are not and haven't been out of status, so while you would abandon your AOS and not be able to immediately return if you left now, you wouldn't incur a ban and so you could file for a CR-1 instead. That would mean you would be waiting 7-9 months.

[Brother Hesekiel 2,236]

My mom and my dad died while my AoS was pending.

Life is all about choices, and it wasn't an easy one. In the end, I chose my life with my wife over the death of my parents.

Since both of my parents are gone, I have not visited my old country again. It'll be 18 years in April.

Edited November 23, 2011 by Brother Hesekiel