Applied for Expedited AP before Biometrics appointment =/

[blackberryapple 0]

Hello Visajourney Family ! =) This is my first post here so if you guys would be nice that would be awesome.

A little background information about myself. I came to the US back in January 2010 as a F1 student, maintained that legal status all the while. It was only until late March 2012 when I dropped out of school. I have been with my now-husband (US citizen by birth) for quite some time now and we both felt that it was now time. Thus, we were legally wed on April 6th 2012. We then encountered various problems with joint-sponsors and such which resulted in the delay of the filing process. On June 25 we finally gathered everything together and our attorney sent our finalized package to the Chicago Lockbox.

I received my first NOA in the mail on July 7th(even though the notice date on the NOA is June 28th).

My father is rather ill in Malaysia, his health was always bad and he has been suffering from various sickness since I was a kid. Of late his health took an even worse turn because he had sort of a stroke at home, and moreover he also requires eye surgery which requires someone to be at home in order to care for him. My mom is working, we are not rich so we need whatever income we can get. My brother is away for college and it would be a waste financially to make him abandon his studies to care for my father. Furthermore, I have not seen my parents for more than 2.5 years, that feeling of missing and worrying about a beloved family member is too much to bear...... I really wish to be there for him.

On July 10th, I was still yet to receive my biometrics appointment notice. I did however, called the USCIS helpline and explained my situation to them - about my dad's situation and how I wish to travel back ASAP. A representative told me that I could try and expedite my AP through the phone and he did so for me. He also mentioned that I would hear back from them in 5 days.

On July 12th, I received my biometrics appointment notice for July 17th. I decided to make a walk in attempt today at the Chicago branch and was however denied. =( The guard said something like I needed show proof that I wouldn't be able to make it on the appointment day to be allowed in.

I called the USCIS helpline again today, June 13th to explain about the fact that my biometrics appointment is not till the 17th and I fear that the USCIS might deny my AP because they will see that I have not done my biometrics yet. The female representative mentioned that sometimes they take slightly longer than 5 days for them to process expedite requests and urged me to wait and call back if they still havent gotten back to me within the 5 day frame.

I am rather worried about my situation because :

1. My appointment for biometrics is not till July 17th, but since I request an expedite on July 10th - assume they make the 5 day mark, they ought to get back to me on the 15th and I wouldn't have my biometrics done by then!

2. Fear that they might not see that my biometrics appointment is on the 17th and automatically deny my expedite on the grounds of incomplete biometrics.

I guess my only hope right now is that the USCIS will somehow knowledge that my biometrics appointment is on the 17th and make a decision in regards to my expedite AP after the biometrics have been completed.

So, after my long winded explanation. Any advises, suggestions ??????????????????????

Thanks in advance

[Newbie608 103]

You stated that you fell out of school which means you are out of status right? How are you going to travel on AP knowing that you pretty much overstayed. I think you would be banned for 3 to 10 yrs. Didn't your attorney advise you on that?

[ceadsearc 516]

AP does not require biometrics.

[blackberryapple 0]

You stated that you fell out of school which means you are out of status right? How are you going to travel on AP knowing that you pretty much overstayed. I think you would be banned for 3 to 10 yrs. Didn't your attorney advise you on that?

I appreciate your comment and yes for your reference - I did discuss this issue with my lawyer. Alas, nothing in the immigration issue is absolute nor guaranteed. But as far as I know, I did not fall out of status for more than 180 days. "An overstay of 180 days or more (six months) results in a 3-year bar. An overstay of a year or more generates a 10-year bar". Whether or not I will be inadmissible is very much unclear, but if your question is whether I am aware of the fact? Yes I am

AP does not require biometrics.

Thank you for your reply.

[blackberryapple 0]

AP does not require biometrics.

Just checked, I think they changed the rules about biometrics.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Biometric Services Requirement: Refugee Travel Document and Reentry Permit applicants between the ages of 14 and 79 must complete biometrics. After you have filed this application, USCIS will notify you in writing of the time and location of your biometrics appointment. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.

what should I do now???????

[ceadsearc 516]

You didn't apply for a refugee travel document or re-entry permit. It's the same form, but you applied for AP which doesn't require biometrics.