Help with I-131 Advance Parole

[ydrizzi 0]

Hi everyone,

I have two questions I'm hoping to get some insight on.

First, a little bit of background. My husband moved here from New Zealand in October of last year on his K-1 Visa. We married 2 months later and began the process of adjusting his status (I-485). On the USCIS website it estimated that it would be about 8 months before he would be approved and receive his green card. A couple of months ago we booked flights back to NZ for Christmas, as his family hasn't seen him since he moved here and he promised them he would spend Christmas with them this year. Last week, we received a letter from USCIS saying that 1) his case may qualify him to waive the interview, and 2) that due to circumstances unrelated to his case, there would be a delay of approximately six months. Obviously this is incredibly frustrating because now we have to worry about his upcoming trip to New Zealand in 3 months (he is due to depart three months from yesterday!). So here are my questions:

1. I have read and reread the instructions for I-131 and numerous parts make it seem as though you need to have VERY SPECIFIC reasons for applying. The instructions state that if you are in the US and are seeking Advance Parole, you may apply if:

You have a pending application to adjust status, Form I-485, and you seek to travel abroad for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons.

In another part it states:

The decision on Form I-131 involves a determination of whether you have established eligibility for the requested document.

My question is, is there a chance they won't consider a visit home to see family a valid reason to leave the country? I am terrified because my husband and his family will be absolutely devestated. They are literally counting the days until they get to see each other.

2. I assumed we had to pay the $360, but then I read this and now I'm confused....

(from the instructions): If you filed Form I-485 on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for an Advance Parole Document or Refugee Travel Document on Form I-131 if your Form I-485 is still pending, if:

You are applying for an Advance Parole Document to allow you to return to the United States after temporary foreign travel (see Form I-131, Part 2., Application Type, Item Number 1.d.)

Does this apply to us? I struggle so much to understand the verbiage of these documents.

I'm really sorry for the long post. I truly thought that this horrible, confusing expereince was behind us and I am so frustrated and upset that there is yet another hoop to jump through. Any help would be greatly appreciated.

[newacct 688]

A couple of months ago we booked flights back to NZ for Christmas, as his family hasn't seen him since he moved here and he promised them he would spend Christmas with them this year. Last week, we received a letter from USCIS saying that 1) his case may qualify him to waive the interview, and 2) that due to circumstances unrelated to his case, there would be a delay of approximately six months. Obviously this is incredibly frustrating because now we have to worry about his upcoming trip to New Zealand in 3 months (he is due to depart three months from yesterday!). So here are my questions:

You should really have applied when you filed I-485; that's when most people apply for it. Then you wouldn't have to worry about missing your trip. Normal advance parole takes two and a half to three months to get. So if you apply now you may barely get it before the trip.

1. I have read and reread the instructions for I-131 and numerous parts make it seem as though you need to have VERY SPECIFIC reasons for applying. The instructions state that if you are in the US and are seeking Advance Parole, you may apply if:

You have a pending application to adjust status, Form I-485, and you seek to travel abroad for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons.

In another part it states:

The decision on Form I-131 involves a determination of whether you have established eligibility for the requested document.

My question is, is there a chance they won't consider a visit home to see family a valid reason to leave the country? I am terrified because my husband and his family will be absolutely devestated. They are literally counting the days until they get to see each other.

As long as you are I-485 pending, you don't need any reason at all to get Advance Parole.

2. I assumed we had to pay the $360, but then I read this and now I'm confused....

(from the instructions): If you filed Form I-485 on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for an Advance Parole Document or Refugee Travel Document on Form I-131 if your Form I-485 is still pending, if:

You are applying for an Advance Parole Document to allow you to return to the United States after temporary foreign travel (see Form I-131, Part 2., Application Type, Item Number 1.d.)

Does this apply to us? I struggle so much to understand the verbiage of these documents.

Yup. You don't pay anything.

[ydrizzi 0]

Wow, thank you so much newacct. The reason we didn't apply for Advance Parold straight away was because a) the application asks for specific dates that you will be travelling, and back in January, we didn't have that information, and b) we stupidly believed the estimation on the USCIS website saying it would take approximately 8 months. We figured even if there was a short delay, surely we would have it 11 months later. Obviously, we were wrong. I do have one more question maybe you or someone else can answer. I am trying to figure out if I can e-file the application. USCIS website has a chart (link attached below) that I am trying to decipher. We DO have a pending I-485 but am I applying for a filing fee waiver?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCRD&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD

Again, thank you SO much for your help!

[Harpa Timsah 13,258]

You are not applying for a fee waiver and you cannot file electronically.

The I-131 is free when based on a pending I-485. You need to file the paper form with a copy of your NOA1 from the I-485 to show you don't need to pay. You are not begging for mercy; it's just standard protocol.