Urgent I-131 Advanced Parole / Cover Letter Q

[mylesmcd 0]

Hello, everyone. I'm in a huge bind here and would appreciate any and all help. I am an attorney myself, with a decent understanding of immigration law I think, and have consulted with a number of experts both in my office and colleagues at other firms but am still a bit baffled / in a huge time crunch here so was hoping someone could offer a quick response. I've copy and pasted an email I wrote to a buddy who is an immigration BEAST. Happy to help you answer any of your Q, time permitting, once I get this sorted out. IF YOU CAN EVEN SKIM THIS AND OFFER ANY ADVICE IT WOULD BE AWESOME. I CAN PROVIDE A MORE SUCCINCT SUMMARY IF ANYONE NEEDS ANYTHING QUICKLY CLEARED UP. Will be glued to the computer in the meantime. Thanks to all.

So here goes:

Our Background:

- Trying to get I-485, I-130, I-765 and I-131 with EXPEDITED advanced parole application in the male before the sun comes up.

- Married 11/15/12. She was on a J1 until 11/30/12. Have not filed any paperwork yet. (Not sure if that means she is 17 days or 47 days out of status, but I think only 17

- Wedding we borderline must attend in Mexico on April 6, 2012

- She is Belgian, we live in New York

- I am U.S. Citizen (born here)

- Here's my questions / the email:

I think everything below could probably be answered if you just have a portion of a sample cover letter for form I-I31. That or a few sentences in the form of an overview on what is required in this document. Again, I totally undertand if you have had entirely too much from me. After writing the Q's out, they were way longer than I wanted them to be. I'm sure I can google most of it out and will obviously update you if I do before or if I don't hear back from you.

My numerous, but hopefully very easy and almost certainly last questions:

The 1-131 is turning out to be one of the most, if not the most, beastly forms I have yet to encounter. Looking at the instructions I don't understand the following as well as I would like:

(1) p.4 Step 2, General requirements...

- Are we seeking a reentry permit?

- If no, assume they just need the bio passport page + I-94 and visa photocopies?

p.4 section C. Advanced Parole Document--

- says we "must attach any document issued to you by USCIS showing your present status in United States." DS 2109 + I-94 suffices?

- in that same vein. looks like they want to have that to demonstrate status us lawful permanent resident (which she is not obviously)

(2) p.4 part C. ADVANCED PAROLE DOCUMENT

- a. if in US must attach "copy of any doc issued to you by USCIS showing your present status in the United States"...what suffices?

- b. An explanation or other evidence showing circumstances that warrant the issue of an Advanced Parole Docucment--what suffices? How hard do we need to go?

(3) Fee: I think we are exempt, correct? (because of joint filing of the 485,765,130...

Application Q's I-131

p. 2, Q4: Have we ever been issued a reentry permit or Refugee Travel Document? I-94 does not count?

p. 2, Part 4: Information About YOur Proposed Travel--again, how much to include?

p.2, Part 5: Are we N/A? (Instructions say "complete only if applying for reentry permit)...or is that exactly what we are doing? (applying for a reentry permit)

Edited January 17, 2013 by mylesmcd

[Harpa Timsah 13,258]

? I count way more than 17 days out of status. 11/30/12 until now? There are more than 17 days in a month, yes? And it's been one and a half months?

Is your wife subject to the 2-year Home Residency Requirement? You need to figure that out first.

For your other questions, you are applying for Advance Parole. Once you get that you will see most of the sections you are meant to skip over. You do not need to put an explanation; AP is routinely approved for people with AOS pending, and yes it is free. You can put something there if you want, it won't hurt.

Your AP will not be expedited. Plenty of people want to travel but wanting to attend a wedding is not an emergency. You might get the AP approved in time, but you probably won't. You can try for expedite but you will most likely be disappointed. We tried with congressional help and were told USCIS won't do it unless someone died.

[Boiler 46,025]

If her I 94 has expired she is out of status. I would not get too excited about rushing it now, it would be a push to get AP for Mexico.

Sounds like you did not read the form properly, pretty straightforward.

[mylesmcd 0]

? I count way more than 17 days out of status. 11/30/12 until now? There are more than 17 days in a month, yes? And it's been one and a half months?

Is your wife subject to the 2-year Home Residency Requirement? You need to figure that out first.

For your other questions, you are applying for Advance Parole. Once you get that you will see most of the sections you are meant to skip over. You do not need to put an explanation; AP is routinely approved for people with AOS pending, and yes it is free. You can put something there if you want, it won't hurt.

Your AP will not be expedited. Plenty of people want to travel but wanting to attend a wedding is not an emergency. You might get the AP approved in time, but you probably won't. You can try for expedite but you will most likely be disappointed. We tried with congressional help and were told USCIS won't do it unless someone died.

Thanks, man...I was saying I don't know if it's 17 or 47 because you get a 30 day grace period at the end of your J1 internship--so she was cool for December (or not, either way it's 17 or 47ish). The immigration attorney I talked to said if you go to Infopass with decent documentation we are probably good.

LET ME ADD A HYPOTHETICAL THAT MIGHT HELP

- what if we had a medical emergency in belgium (which we may have a pretty compelling one, before the wedding)...could we then use that as our documentation / basis for expedition and try to sneak the wedding in as well when we meet with infopass?

- also, re your response "you are applying for advanced parole. once you get that you will see most of the sections you are ment to skip over."--are you saying that we are NOT in addition to applying for AP also seeking a reentry permit? Reentry permit, I'm assuming, but have not researched applies for people that are currently outside of US? We are in New York as of this moment.

Thanks, again. If you can follow up I appreciate it, and let me know if there is anything I can do for you.

[Harpa Timsah 13,258]

You are not looking for a reentry permit. That form is used for multiple things. The thing you want is Advance Parole. How can you maybe plan to have a medical emergency? I'd get used to the idea that you are not going to that wedding. If it's that important to you, your wife can go back to Belgium and you can seek out a spousal visa and she can travel to Mexico from Belgium. Sorry if it sounds harsh, but you're just setting yourself up for disappointment. It sucks not being able to travel but that's the price you pay for getting to adjust in-country.

Edited January 17, 2013 by Harpa Timsah

[mylesmcd 0]

You are not looking for a reentry permit. That form is used for multiple things. The thing you want is Advance Parole. How can you maybe plan to have a medical emergency? I'd get used to the idea that you are not going to that wedding. If it's that important to you, your wife can go back to Belgium and you can seek out a spousal visa and she can travel to Mexico from Belgium. Sorry if it sounds harsh, but you're just setting yourself up for disappointment. It sucks not being able to travel but that's the price you pay for getting to adjust in-country.

I hear you, man--and I appreciate the advice / don't find it harsh. Rainbows and sugar plums don't rectify the situation. Re the "maybe plan to have med emergency," a (very close) relative needs to have a procedure done. The date on setting the surgery is flexible, but still needs to happen. Wife is her only living relative and she is going to need assistance. She is waiting on her to schedule the date (waiting on us to know her reentry options).

On the travel to Mexico from Belgium part / spousal visa--I have not researched this at all, but does it mean that she would have to be in Belgium while the spousal visa was pending?? Any idea approx how long? I can obviously research myself, but if you know off the top of your head that would be awesome. Just locked up working on the app for the moment. I'll be on here though.

Thanks, again.

Seriously appriciate it.

You are not looking for a reentry permit. That form is used for multiple things. The thing you want is Advance Parole. How can you maybe plan to have a medical emergency? I'd get used to the idea that you are not going to that wedding. If it's that important to you, your wife can go back to Belgium and you can seek out a spousal visa and she can travel to Mexico from Belgium. Sorry if it sounds harsh, but you're just setting yourself up for disappointment. It sucks not being able to travel but that's the price you pay for getting to adjust in-country.

I hear you, man--and I appreciate the advice / don't find it harsh. Rainbows and sugar plums don't rectify the situation. Re the "maybe plan to have med emergency," a (very close) relative needs to have a procedure done. The date on setting the surgery is flexible, but still needs to happen. Wife is her only living relative and she is going to need assistance. She is waiting on her to schedule the date (waiting on us to know her reentry options).

On the travel to Mexico from Belgium part / spousal visa--I have not researched this at all, but does it mean that she would have to be in Belgium while the spousal visa was pending?? Any idea approx how long? I can obviously research myself, but if you know off the top of your head that would be awesome. Just locked up working on the app for the moment. I'll be on here though.

Thanks, again.

Seriously appriciate it.

[Boiler 46,025]

Spousal visa's take about 9 months to a year.