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Emergency Advance Parole for a K-2

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Filed: K-1 Visa Country: Philippines
Timeline

My wifes daughter will need to return to the Philippines ASAP after her arrival here in the U.S. under a K-2 VISA. The reason for her return is to continue her studies for a Nursing License. She will graduate from college as a Nurse in March 2012, come to the US right away, file for AOS and hopefully return to the Philippines right away to complete a coaching course to prepare for the license examination in July 2012. She cannot wait until July 2012 to arrive in the U.S. because she will "age out" in June 2012. My question is, is the need to return to the Philippines to complete a course to become a licensed nurse a valid reason for an emergency advance parole?

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Emergency advanced parole depends a lot on the IO. It might work, some people have gotten approval for things like weddings and such, but it's not a true emergency (like a gravely ill family member) so I would not count on it.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like you are going to find out.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
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While it is possible, it is quite unlikely that emergency advance parole will be approved for returning to school. If it gets approved, that is great, but you should not assume it will. Make your plans with the assumption that emergency expedited advance parole will be denied. It is not something you can count on.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Filed: Citizen (apr) Country: Ireland
Timeline

*** Moving from AOS from Work, Tourist... to AOS from Family visa as OP's question is about a K2 *****

OP, what is your definition of "right away"? Keep in mind you need to get married to mom, then file for AOS before any AP, even emergency, can be approved...

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: Philippines
Timeline

*** Moving from AOS from Work, Tourist... to AOS from Family visa as OP's question is about a K2 *****

OP, what is your definition of "right away"? Keep in mind you need to get married to mom, then file for AOS before any AP, even emergency, can be approved...

Mom is here, married to me and her AOS has been filed.

Thanks

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Filed: Citizen (apr) Country: Australia
Timeline

She won't be able to return for at least a month, perhaps 2. That's because of biometrics. People haven't been approved for AP with a waiting job, so no I doubt her schooling will matter at all. You can try, but make sure she takes proof of the school and how it's finishing soon and then she'll come to the US.

Good luck. I think you'll need it.

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