Emergency Advance Parole (I-131) for marrying abroad - my experience

[Unidentified 2,930]

Nadia&Bert and also Maria&Seve, (or anyone else)

My friend is here on H1-B which is granted until 2018 to work, his wife is on a H4 spousal visa based on his H1-B, and his I-360 was approved allowing him to file for I-485 AOS.

Saturday all the docs are ready and we were planning on mailing it Monday (tomorrow). Sunday he got word from India that his mother is very ill and was admitted to the hospital (kidney dialiysis issue). He wants to go with his wife to see his mother ASAP (this week if possible).

What do we do? Emergency AP via INFOPass appointment?

I'm thinking of mailing the I-485 on Monday morning overnight. Expecting to have "Delivered" via tracking on Tuesday. Then seek Infopass appointment at local office for Emergency AP.

THOUGHTS?

One of you mentioned paying $360 for the Emerg-AP. Was that needed? It's him and his wife so it would be $360x2 but even more so is it needed?

Is there a limit on the duration of his stay if he gets approved?

Would the Emerg-AP, if approved, serve as his multiple entry AP? Or would the Emerg-AP be just for this trip, and the AP form he submitted with I-485 would be for the rest of the duration?

OR

Should we hold off on submitting I-485 and have him travel with hopes of re-admission without issue?

Thanks for a quick reply!

He should use the H1B. There is no chance of him getting AP this week. I still answer the rest of your questions so that others can benefit from it.

Once he sends it in it will take at least one week for him to receive the case number he needs for the Emergency Advance Parole. You do not need an infopass to seek Emergency AP. You just go to your local USCIS office and say it's an emergency.

I was the one mentioning the $360. I went to the USCIS office as soon as I got my case number by text message from USCIS. I had been given a case number but had not been entered into the system, therefor I had to pay $360 for the Emergency AP application. I am not sure about the multiple entry but I would think it's only for that particular emergency. It's valid for a year but you're not recommended to stay out of the US for that long. When you return you will be taken into secondary inspection as this is routine. If you're being picked up at the airport let them know you might be there a while. I got stuck in the almost 2 hours because they were searching the bags of people who came there before me.

[lazy 19]

Thanks TK

A couple of things

1) his H1-B is special category for religious worker, but still an H1-B and thus this would still be applicable, right?

2) what does he need to show upon return - re-entry? Just is H1-B approved extension til 2018 or does he need to go to embassy in India before returning for a visa stamp on his passport given that visa date has passed and he was approved for extension prior to its expiration

Lazy: H1B is a dual-intent visa and you do not need advance parole to leave the country. Source: https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel. He can just send off the AOS and immediately leave the country.

[Boiler 46,368]

Never heard of a special H1b, there is the R visa for religious types.

[lazy 19]

He is an H1-B and filed and approved for Form I-360, Petitioner for Amerasian, Widow(er), or Special Immigrant, classified as an Amerasian, a widow(er).

The "Special Immigrant" category for the I-360 is "Special immigrant religious worker"

Does that change anything? His visa type is still H1-B from my understanding

[lazy 19]

He is an H1-B and filed and approved for Form I-360, Petitioner for Amerasian, Widow(er), or Special Immigrant, classified as an Amerasian, a widow(er).

The "Special Immigrant" category for the I-360 is "Special immigrant religious worker"

Does that change anything? His visa type is still H1-B from my understanding

To restate, he's an H1-B who was granted extension on his H1-B via I-129 until 2018 (his passport H1-B was only til July 2015). The I-360 was filed for him to then file for AOS. I dont see any impact/issue with the approved I-360.

The question is if he travels outside via his H1-B while his I-485 AOS is underprocessing, and he is pre-AP stage, can he re-enter as H1-B?

If his PASSPORT H1-B was still valid, i dont see an issue.

But given his passport H1-B validity date passed, and he has an NOA I-797 about H1-B extension approval til 2018, can he use that NOA paper for re-entry?

Or does he need to go to consulate in India for a new H1-B stamp on his PASSPORT?

In short - Is H1-B visa on PASSPORT a MUST? Or can NOA I-797 Approval of H1-B Extension sufficient for re-entry?

[Boiler 46,368]

All down to his I 94 date, if that is past he needs a new visa.

Edited April 25, 2016 by Boiler

[Steeem 3]

Thanks TK

A couple of things

1) his H1-B is special category for religious worker, but still an H1-B and thus this would still be applicable, right?

2) what does he need to show upon return - re-entry? Just is H1-B approved extension til 2018 or does he need to go to embassy in India before returning for a visa stamp on his passport given that visa date has passed and he was approved for extension prior to its expiration

I'm in the same boat I need to travel in 15 days and I'm on H1B (visa stamp in the passport is expired) do I need to get a new one in foreign country? Which actually I have not planned to do nor have time to do so.

I do have an H1B extension I-797C that expires at the end of August 2016.

Now, I'm still waiting for I-131/EAD it has been 77 days so far.

Interview is scheduled for June 22nd and my tickets are fro June 24th lol.

Can I ask an officer at the or after the interview to stamp my passport with I-551? Providing him tickets and all the travel itineraries?

[Smohan37 0]

I have advance parole valid until September 2017 but I am afraid to use it I filed under vawa

[Merrytooth 5,748]

I have advance parole valid until September 2017 but I am afraid to use it I filed under vawa

http://www.visajourney.com/forums/topic/529406-vawa-parthttps://www.uscis.gov/i-485-addresses6/?p=7564013

[camilojilo 0]

Hi Nadia and Bret, 

 

Me and my fiance are going exactly through the same situation. 

Would you mind sending me an email ASAP? We have the appointment on Thursday, April 20th. 

My email is(removed)

Thank you 

 

 

Please use the sites PM system for your own safety.

Ontarkie 

Moderation

Edited April 19, 2017 by Ontarkie
Removed personal information.

[TBoneTX 46,417]

The OP hasn't logged on to VisaJourney for 11 months, so don't count on a reply.