The Need to Leave - Advanced Parole - Reasons for Expedite

[Lennys26 0]

Hello All.

My Spanish wife (going through AOS) and I currently live together in Florida. We are here (and got married in the USA) only because a work project brought me here. This project has ended and now that I am looking for future projects, I called the USCIS help line to ask them what would happen if we needed to leave the US abruptly for work purposes. I was told that if we left the USA, my wife would need to get Advanced Parole prior to leaving.

WAIT...You say. We all ready know that...Why is this guy posting this topic??? Let me go on....

The catch is this.... We have already gone through our interview (today, actually) and we are only waiting on the FBI info (Biometrics) which was submitted to them about 2 months ago. I was told at the interview that once these are returned from the FBI, the greencard will be mailed immediately, as everything else is in order. For me to apply for Adv. Parole now, knowing the expected time-frames, I am sure that I would end up receiving the permission AFTER receiving the greencard. And at that, I can not at this point be sure that I really need it yet anyhow (nor for where, nor for when, nor for how long...).

There has to be some better answer here... I understand that an Expedited Adv. Parole is intended for 'Life and Death' or emergency purposes and have been told that it would not be granted under this circumstance, but, I wonder if this situation is a bit more specific.

As the wage earner in the relationship, I can not believe that I am expected to leave my wife here alone while supporting her monetarily (as well as myself, wherever I am). Nor can I believe that I am expected to put us in financial jeopardy by refusing employment (thus removing my ability to support her, as is required as part of the application process).

I am sure SOMEONE out there has been in a similar situation. Also, if you have experience and more details with the requirements for an Expedited Adv. Parole, please let me know.

Thanks.

[rebeccajo 14]

Lenny....

First of all, the FBI fingerprint check (done from the biometrics) is not the same thing as FBI namechecks. FBI fingerprint check normally takes less than 24 hours.

Look at my timeline below.

Look at the FBI namecheck tracker thread in the AOS forum.

Then let me know if you think you don't need Advance Parole.

Edited March 13, 2007 by rebeccajo

[LaL 418]

Advanced Parole isn't only for life & death situations although Emergency Advanced Parole may be more on par. Regular Adavnced parole is just a document you could apply for pro-actively should the need to travel come up anytime prior to obtaining your greencard.

[Lennys26 0]

Thanks for the responses. I know there is a difference between Adv. Parole and Emergency Adv. Parole, but was looking for some peoples experiences with either/both. Besides, I am looking to avoid [dare I say] feeding this gov't any more money for something that I am being forced due to their lack of efficiency.

I have decided to go speak with the USCIS people tomorrow. I have an INFOPASS appt. and will see what recommendations they have for my specific situation, i.e. last minute work required travel. I have completed an I-131 and will be bringing my checkbook, if needed. (even though I will most certainly be out of the country - and quite possibly back - by the time the application is processed).

I will post my findings.

Ciao.

[Lennys26 0]

Well, I went to my Infopass app't in Tampa today.

After all, I will be continuing to fund the gov't by sending them another $170 and my Advanced Parole application for my wife which may or may not come in time for our need to leave and/or before her greencard.

Basically stated, there is no way that she is allowed to leave the USA unless there is a death or close to death situation that specifically requires her to be elsewhere.

Unless my employer specifically requires that she accompany me to foreign location, as told to me by the USCIS agent, my work requirements have absolutely nothing to do with her, thus do not qualify for an Emergency Adv. Parole. (An interesting point of view for a married couple!)

Of course, and I pointed this out, if I get a project that requires my leaving the USA (as may be coming up shortly), I am left with 2 interesting options:

1. Leave her here alone - With no legal status, unable to completely speak the language, unable to drive (with no ability to get a drivers license), with no income and no way to support herself.
   
2. Refuse the job/project, thus jeopardizing my ability to support her (as is a requirement of the immigration process - I-864)
   

Anyhow, logic, as we know, has nothing to do with the system, so.... for lack of any other option, Advanced parole is what I will do. And as soon as it comes, I will go ANYWHERE, just to be able to use it.

Ciao.

[Krikit 1,166]

Unless my employer specifically requires that she accompany me to foreign location, as told to me by the USCIS agent, my work requirements have absolutely nothing to do with her, thus do not qualify for an Emergency Adv. Parole. (An interesting point of view for a married couple!)

Thanks for the follow-up, Lenny. I am disgusted, but not surprised.

I am curious about the above statement, though. Are they saying that if an employer DID require her to be at a foreign location, they would approve the emergency AP, even though it is not a life or death situation?

[seldi 1]

If you knew there was a possibility that she'd need to leave the country within 3 months of sending the 485 application, why didn't you apply for AP as well?

[Yodrak 7]

Lennys26,

Your life style does create interesting problems with the immigration process that you have chosen. Given the nature of your work, did you consider having your wife apply for an immigrant visa rather than adjustment?

If you get the job, you may want to consider letting her abandon her adjustment application and start over with an immigrant visa.

It might be worth the $100 or so to review your situation in detail with an experienced immigration attorney who does family-based immigration and develop a plan that will work best given your uncommon circumstances.

Yodrak

Hello All.

My Spanish wife (going through AOS) and I currently live together in Florida. We are here (and got married in the USA) only because a work project brought me here. This project has ended and now that I am looking for future projects, I called the USCIS help line to ask them what would happen if we needed to leave the US abruptly for work purposes. I was told that if we left the USA, my wife would need to get Advanced Parole prior to leaving.

WAIT...You say. We all ready know that...Why is this guy posting this topic??? Let me go on....

The catch is this.... We have already gone through our interview (today, actually) and we are only waiting on the FBI info (Biometrics) which was submitted to them about 2 months ago. I was told at the interview that once these are returned from the FBI, the greencard will be mailed immediately, as everything else is in order. For me to apply for Adv. Parole now, knowing the expected time-frames, I am sure that I would end up receiving the permission AFTER receiving the greencard. And at that, I can not at this point be sure that I really need it yet anyhow (nor for where, nor for when, nor for how long...).

There has to be some better answer here... I understand that an Expedited Adv. Parole is intended for 'Life and Death' or emergency purposes and have been told that it would not be granted under this circumstance, but, I wonder if this situation is a bit more specific.

As the wage earner in the relationship, I can not believe that I am expected to leave my wife here alone while supporting her monetarily (as well as myself, wherever I am). Nor can I believe that I am expected to put us in financial jeopardy by refusing employment (thus removing my ability to support her, as is required as part of the application process).

I am sure SOMEONE out there has been in a similar situation. Also, if you have experience and more details with the requirements for an Expedited Adv. Parole, please let me know.

Thanks.

Edited March 16, 2007 by Yodrak

[Lennys26 0]

Krickit, We wondered the same thing. While it would make no sense and I can not see any reason an employer would, we thought that if an employer did in fact request that she travel with me, it would seem to satisfy the requirement. Saying that, the USCIS agent may have been just being sarcastic by giving me such an answer. I don't plan on pushing that route.

Seldi, My initial project here in the USA was to last about a year - thus we really did not have concerns that we would be leaving/moving outside of the country. It ended unexpectedly (and 6 months early) Hindsight says "sure I should have done an Adv. Parole and an EAD when I initially applied", however at that time, I didn't anticipate the need and current situation.

Yodrak, As far as I can see it, we had no option but to do the AOS route, as she was already in the USA when we filed. To be honest, we have been traveling together for a few years and the decision to come here came about somewhat suddenly. I was naive as to the amount of visa types available, and with both of us already here AND having married on US soil, I am not sure that there was another (or better) option.

[rebeccajo 14]

Yodrak, As far as I can see it, we had no option but to do the AOS route, as she was already in the USA when we filed. To be honest, we have been traveling together for a few years and the decision to come here came about somewhat suddenly. I was naive as to the amount of visa types available, and with both of us already here AND having married on US soil, I am not sure that there was another (or better) option.

New light on things now Lenny.

Speak to a competent immigration attorney about the wisdom of your wife leaving the country AT ALL during her adjustment period.

Edited March 16, 2007 by rebeccajo

[meauxna 15]

Krickit, We wondered the same thing. While it would make no sense and I can not see any reason an employer would, we thought that if an employer did in fact request that she travel with me, it would seem to satisfy the requirement. Saying that, the USCIS agent may have been just being sarcastic by giving me such an answer. I don't plan on pushing that route.

Are you farkin' serious? "Sarcastic"? If you two are not actually joined at the hip, and your wife does not have some undisclosed-to-us impediment to being on her own, why on Earth does that sound like a sarcastic reply from the agent?

I am completely baffled by your complaint. Kick down the $170 (NOT to fund the gov't btw, but a discounted cost for the actual cost of processing YOUR application) or abandon the whole thing.

Immigration is for people more patient than you. Keep your eye on the bigger picture.

[Lennys26 0]

Are you farkin' serious? "Sarcastic"? If you two are not actually joined at the hip, and your wife does not have some undisclosed-to-us impediment to being on her own, why on Earth does that sound like a sarcastic reply from the agent?

I am completely baffled by your complaint. Kick down the $170 (NOT to fund the gov't btw, but a discounted cost for the actual cost of processing YOUR application) or abandon the whole thing.

Immigration is for people more patient than you. Keep your eye on the bigger picture.

Ouch.

I am not sure what is going on over there, Meauxna, but lets not take it out on others here in the forum -- Namely ME . I was simply giving some info and my thoughts to someone who asked a question.

Thanks.

[meauxna 15]

Ouch.

I am not sure what is going on over there, Meauxna, but lets not take it out on others here in the forum -- Namely ME . I was simply giving some info and my thoughts to someone who asked a question.

Thanks.

Nowt particular going on over here, Lenny, I take exception with some of the things you said in your original and following posts. Hopefully the Missus' residency will complete quickly and it will all be a moot point.

If she is interested in naturalizing, and you are sent abroad to work for certain types of organizations, she may be eligible for expedited naturalization. Watch out for mandatory reporting of worldwide income (Spain and US IIRRC), but you're probably on top of that.