Hit me with some links

[Andy and Kayla 45]

I have a friend who has been using an immigration laywer. I'm sure that's enough to let you all know how that's going for her. Anyway, her lawyer did not include an AP application with her AOS application - only EAD. Her EAD was approved a little while back and her GC is still pending. They have plans to go back to Canada in July but she was worried about not having her GC in time. I asked about her AP, and she said that she didn't apply for one because (insert a whole bunch of terrible advice on the part of the lawyer here). When I contradicted her and said that she could have gotten that too, she asked her lawyer about it, who said this:

"Advance parole documents take longer to obtain than green cards. I've applied for them lots of times and never had them come before the residency card. So for most people, they can travel with their green card before ever even getting the travel document."

As you all know, that is blatant BS. I told her this, and she believes me, but I was hoping you guys could point me in the direction of some links that verify it so she can approach the lawyer with more than my word for it, as well as show her husband. I'll dig around VJ too, but if anyone has some off-hand I would appreciate it.

[SF2007 48]

I'd send the following links to her lawyer asking why he is of such poor counsel. His advice on foreign travel is not only horrible but puts her in danger of being stuck abroad. If she leaves the U.S. before receiving either AP or GC she abandons her petition and cannot be admitted back until her husband petitions again for her.

Instructions & requirements for AP here: http://www.uscis.gov/files/form/i-131instr.pdf

AP documents are now issued as a EAD/AP combo card. Maybe that confuses her incompetent lawyer who thinks AP are not issued. If she had applied, she would have gotten an EAD card that reads "Serves as I-512 Advance Parole" at the bottom. It's not any longer to process than the EAD itself. Details here.

[Andy and Kayla 45]

I've linked her this topic. Thanks SF! It just boggles my mind how some lawyers are so clueless about this process, and then have the nerve to blatantly lie about things to cover it up.

[VanessaTony 3,567]

I've linked her this topic. Thanks SF! It just boggles my mind how some lawyers are so clueless about this process, and then have the nerve to blatantly lie about things to cover it up.

Please feel free to show her peoples timelines too. Mine for example is here: http://www.visajourney.com/timeline/profile.php?id=69339 I received my AP a month before my GC. There are others of course and more recent examples that can be found by searching timelines.

For example. Here is the AP timeline list: http://www.visajourney.com/timeline/aplist.php?cfl=$cfl&op5=3,6,9,10 then click on the individual people and then their timelines. Some get their GC so quick that EAD/AP isn't processed, but most AOS take about 90 days and the EAD/AP about 60.

[Harpa Timsah 13,258]

Yep, we got AP about 2 months before the GC and used it. Your friend can apply for AP now for free - she just needs to include a copy of the NOA1 for the I-485. I don't know how long it will take, but it might be extra fast because her name checks etc are already completed.

[Tithen 4]

I'm the friend Kayla's trying to help out. It's become obvious that she's(the lawyer!! not kayla!) not being super helpful. Starting with the fact she filed everything in my Maiden name... so my EAD and GC will be in my Maiden name, not married name. Only plus is I don't have to redo my passport now. *sigh*

So all I have to do is print the form (it's the I-131 right?) and send it in with a copy of the NOA1 (which is the paper they mailed to confirm that they got my application???) for the I-485?

Edited March 21, 2012 by Tithen

[SF2007 48]

Starting with the fact she filed everything in my Maiden name... so my EAD and GC will be in my Maiden name, not married name. Only plus is I don't have to redo my passport now. *sigh*

Sorry your lawyer sucks. I also received my EAD/AP combo card ways before my GC (3 months vs 7 months for GC). If you have an interview, you can ask the IO to issue your GC in your married name.

Edited March 21, 2012 by SF2007

[Harpa Timsah 13,258]

So all I have to do is print the form (it's the I-131 right?) and send it in with a copy of the NOA1 (which is the paper they mailed to confirm that they got my application???) for the I-485?

Yep! If you have an interview, you can ask that they change the name on the GC. Otherwise, you can wait until Removal of Conditions. Good luck!

[KayDeeCee 4,893]

Just to add to the evidence, my husband received his EAD/AP combo card a month and a half before his green card.

The EAD and AP form fees are waived when filing with your I-485, and you receive a combo card that works as both. The I-131 form is short and very easy to fill out. So, short, easy free form. I am not sure why any paid lawyer would advise someone not to file for it.

[VanessaTony 3,567]

I'm the friend Kayla's trying to help out. It's become obvious that she's(the lawyer!! not kayla!) not being super helpful. Starting with the fact she filed everything in my Maiden name... so my EAD and GC will be in my Maiden name, not married name. Only plus is I don't have to redo my passport now. *sigh*

So all I have to do is print the form (it's the I-131 right?) and send it in with a copy of the NOA1 (which is the paper they mailed to confirm that they got my application???) for the I-485?

Yes but you also require 2 passport photos as well as the supporting documentation for the AP document.

As a side note, if I were you I would be requesting the amount of $450 returned to you in order to pay for the I-90 (replacement GC to correct the name) based on HER mistake.

[Tithen 4]

Well I haven't had my interview yet, so I'll try then to get it issued in my Married name. When I realized that it would automatically be issued in my Maiden I was really upset. I'm one of those really gals who couldn't wait to take her husbands name.

I will print out the forms tomorrow and take a look at what I need to do to file it. I only have 2 months left in the "usual processing time" but if it's going to take longer I'd really like to be able to go home this summer and see my family.

For your reading interest, this was the second email from my lawyer.

I'm sorry that you feel that way and that it turned out this way. In my experience and with ALL of my other clients, including those from canada, the advance parole document was not processed before the residency card. On a separate note, advance parole documents are applied for with specific trips and dates listed. Even if we had applied for one and it had arrived in time, we wouldn't have known about the funeral trip at the time of application. If you wish to ask USCIS what their recommendation is when it comes to traveling outside of the USA while an I485 is pending, you will see that they always recommend against it without a travel document for that particular trip. If you want to discuss this further, we could do so over the phone tomorrow when I return to the office?

I hope that you realize that I was not acting against your best interest in this case and stand by my recommendations given the knowledge we had at the time. I am very sorry that it hasn't worked out the way you would like it to.

[VanessaTony 3,567]

Well I haven't had my interview yet, so I'll try then to get it issued in my Married name. When I realized that it would automatically be issued in my Maiden I was really upset. I'm one of those really gals who couldn't wait to take her husbands name.

I will print out the forms tomorrow and take a look at what I need to do to file it. I only have 2 months left in the "usual processing time" but if it's going to take longer I'd really like to be able to go home this summer and see my family.

For your reading interest, this was the second email from my lawyer.

Lol to the email. Mine said "unknown" in the dates section. I was approved without RFE or issue.

There is a funeral involved? When is the funeral? You might not get the AP document in time for the funeral now but you should still try. Make an INFOPASS and request an expedited AP based on emergency. Usually they won't process the AP until you've actually filed it but it won't hurt to ask them.

[Tithen 4]

We don't know when the funeral is, we just know it's imminent. At this point there's no hope of me going to the funeral (she just focused on that rather than my smarmy comment about having had to cancel the big wedding because of the no AP), mostly due to cost. Plane ticket to Middle of Nowhere Canada at last minute = $1500.. little out of budget right now.

but now that I've been reading some of the timelines on here... If it took more than 6 months from filing to get my GC, I'd not make my travel dates this summer. They're only so flexible due to my husband's job. If we can't leave July 30th for Canada. The AP would be very handy on an "just in case" basis for me.

[Harpa Timsah 13,258]

Lol to your lawyer's comment that AOS is tied to country of origin. "Clients from Canada don't get AP in time."

[TBoneTX 45,308]

This all might be worth dropping a friendly, informative note to the State Bar Association and the AILA (immigration lawyers' association) about, si man.