Advance Parole Emergency - Please Advise

[Sunnyland 639]

I think some posters above (leave and have the AP sent over) are missing one quite important point - USCIS uses airline departure data to check whether AOS have been abandoned. Sending AP if issued after departure is going to be pointless.

Exactly. I remember I read in some forum long time ago that even if you send the AP by express courier. USCIS will know that your wife left USA without the EAD-AP. If I was her, I would not leave the country without the AP in hand.

You guys have to talk to her university and explain the situation. She can not abandon her inmigration status right now.

Good luck in your case!

[Sveta & Ron 23]

also keep in mind and keep eye open for a pending aos interview. in regards to how long wife will be gone

[bigdog 376]

If I were you, I would be more concerned with getting some action now, rather than worrying about legislators requests to an executive branch of government. That could take some time.

The ombudsman office has an on-line form that you could fill-out and send in today, to get the ball rolling.

YMMV.

Good luck.

Get on it all, yoiu should have your ap in less than a month..

[Harpa Timsah 13,258]

Yes, to reiterate, you cannot mail AP to her later. If she leaves before it is approved her I-485 will be denied for abandonment.

[ricnally 258]

Can't believe the university will not reschedule under these circumstances.

[cellardoor10 0]

Can't believe the university will not reschedule under these circumstances.

This has been my first line of action in trying to solve the situation, and you would think it's reasonable. But without getting into detail, it proves to be nearly as complex as dealing with the USCIS. (Hard to believe, I know. )

Thank you all for the support and advice thus far. I'm working hard on all fronts! Every tactic is being utilized!

[Boiler 45,770]

Can't believe the university will not reschedule under these circumstances.

Me too, and probably USCIS as well.

[cellardoor10 0]

Ok everyone, good news followed by not so good news. Yesterday, perhaps due to the expedite request and me faxing evidence of our urgent situation over the weekend, the I-131 was approved!

Now the not so good news. I've been told that the I-131 has to be attached(?) to the work authorization form, and thus it takes up to two weeks to mail. No way to expedite this process.

This is cutting it laser close. I *might* be able to postpone my wife's flight as far as May 18th. I've reserved an infopass appointment for May 17th. My plan is if this card does not come in by the 17th, we go to the infopass, and plead for them to give us an advance parole document that same day. Maybe they would agree since the I-131 is already approved, or maybe they won't for that same reason.

If there are any other options/tactics I'm missing, please chime in!

[Darnell 8,478]

I have one. it's sorta hit/miss, and it's this.

Take your last infopass appointment document (reprint it if necessary)

and go back into the local uscis office.

You'll have to haggle with the guards to be let in, and begging and pleading is necessary. They will call someone to get an OK, but you must convince the guards that this is an emergency and you are chasing after emergency advanced parole, and there is an approval and you need to get the documents generated now. Go Tomorrow, first thing in the morning, and bring everything you've written about, in hand.

There is one sticky bit - and that's the combo card, EAD/AP. She doesn't need this. The local office can generate the AP LETTER on an emergency basis, and they know how to do it. If some confusion, get the floor supervisor over, and tell the floor supervisor you do NOT want the combo card, but ONLY the AP LETTER generated at their office. Tell that floor supervisor that you will wait for it whilst it's generated, and be prepared to show all of 'the stuff' again, particularly the I-131 approval .

That's it. Go Get Em, and Good Luck ! (Know this might not work, but if you don't try, you'll never know about it)

Edited May 7, 2013 by Darnell

[VanessaTony 3,567]

Ok everyone, good news followed by not so good news. Yesterday, perhaps due to the expedite request and me faxing evidence of our urgent situation over the weekend, the I-131 was approved!

Now the not so good news. I've been told that the I-131 has to be attached(?) to the work authorization form, and thus it takes up to two weeks to mail. No way to expedite this process.

Excellent! but no, it does not. It can still be issued, just in paper form.

Agree with Darnell's advice. Go to USCIS tomorrow and get it printed. Explaining it was an expedite that was approved will no doubt help. they'll print the paper AP instead of needing to wait for the card.

[newacct 688]

Yes, to reiterate, you cannot mail AP to her later. If she leaves before it is approved her I-485 will be denied for abandonment.

Your latter sentence does not imply the former. There is a period of time after the AP is approved before they receive it in the mail.

[hmh33 117]

Yes - once she is sure that her AP has been approved, she *could* leave the US and have the AP mailed/couriered to her once it arrives. This is definitely risky (what if the approval notice was incorrect? what if the AP gets lost in the mail?) but it has been done before and in a desperate situation it's a risk she might be willing to take.

[cellardoor10 0]

All this is very helpful everyone! I couldn't rush in next morning to an infopass because of work, but we're going to an infopass ASAP to try to get it printed.

Today(May 9th) her work authorization status changed to "card production," meaning they ordered production of our new card. According to experience, does anyone know how long it currently takes between card production and the actual mailing of the combo card?

[Darnell 8,478]

did not beg to be let in to the local USCIS office ? What if you dropped her off on your way to work with the pile of docs she needs and a cell phone, calling you when she got a human at the glass ?

This isn't smelling so emergency-ish, at the moment.

Oh, yeah, btw.

Tempus Fugit.

Edited May 10, 2013 by Darnell

[leishi 11]

All this is very helpful everyone! I couldn't rush in next morning to an infopass because of work, but we're going to an infopass ASAP to try to get it printed.

Today(May 9th) her work authorization status changed to "card production," meaning they ordered production of our new card. According to experience, does anyone know how long it currently takes between card production and the actual mailing of the combo card?

from our experience, it's about 1 week.