AP after RFE...Help?

[canusa920 11]

Happy New Years Eve everyone!!!

Okay, so we received an RFE for our income tax info, and had already assumed we would get one after submitting it and realizing we didn't include his 1099, so that being said...The day we received the RFE we sent out the RFE with the income tax transcripts. They received our RFE last week, my question being - My advance parole was supposed to be here roughly mid January, does anyone know if the the RFE will delay this any further? I have a sick grandmother and sick aunt both with cancer and would like to visit as soon as I can without getting an expedited AP...

Thanks everyone

[KayDeeCee 4,893]

If the processing of the EAD and AP were halted due to the RFE, then the processing should start up again right after they accept your RFE response. No one will be able to tell you with any exact accuracy how fast you will get the AP now that you replied to the RFE though.

[nobbie 105]

Was the RFE related to EAD and AP or for your AoS application. I did not think the AP was income related. You can apply to have it expedited if you can show some evidence of a family emergency. Not sure why you would not wish to have it expedited.

[nobbie 105]

Was the RFE related to EAD and AP or for your AoS application. I did not think the AP was income related. You can apply to have it expedited if you can show some evidence of a family emergency. Not sure why you would not wish to have it expedited.

[Pitaya 2,577]

Agree with nobbie, given the circumstances, you should consider getting the AP expedited.

From the AOS Guides:

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

Good luck,

Happy New Year!

[canusa920 11]

Was the RFE related to EAD and AP or for your AoS application. I did not think the AP was income related. You can apply to have it expedited if you can show some evidence of a family emergency. Not sure why you would not wish to have it expedited.

The RFE was for proper income tax information from my husband for our AOS application, but it said online everything is put on hold until they figure out your RFE successfully. I asked at our local USCIS office about an expedited and they told me I need "HARD" evidence that someone is extremely ill or dying...How am I supposed to get that kind of information? My aunt and my grandmother live 7 hours from the Detroit border where I cross... It's not as if they can just send me their medical information, plus I think that's a bit intrusive to ask for their confidential medical information to be able to cross a border. On my NOA it said I would receive it by roughly January 17th, just wasn't sure if it would now be a lot longer of a wait. I filled on November 18th.

[KayDeeCee 4,893]

It has nothing to do with whether or not AP needs income documentation. Often times when someone gets an RFE, then all processing on their case is stopped until the RFE is responded to. Sometimes the EAD/AP processing goes ahead even with an RFE for something pertaining to the I-485, but sometimes it doesn't.

And yes, a copy of medical records or letter from the patient's doctor could be used to apply for expedited AP based on an emergency. You need to prove there is an emergency, or everyone would simply go to their local USCIS office and ask for expedited AP to be given to them. They want proof of why you need it expedited.

Edited January 1, 2014 by Jay-Kay

[canusa920 11]

It has nothing to do with whether or not AP needs income documentation. Often times when someone gets an RFE, then all processing on their case is stopped until the RFE is responded to. Sometimes the EAD/AP processing goes ahead even with an RFE for something pertaining to the I-485, but sometimes it doesn't.

And yes, a copy of medical records or letter from the patient's doctor could be used to apply for expedited AP based on an emergency. You need to prove there is an emergency, or everyone would simply go to their local USCIS office and ask for expedited AP to be given to them. They want proof of why you need it expedited.

I don't want to get it expedited, I think it's a bit over the top to be asking for family members medical information... I don't share my medical information with anyone and wouldn't expect anyone to either. I will wait until I get the normal AP, my family is understanding of my situation. Thanks.