Expedited Advanced Parole

[GYnot 8]

I applied for Adjustment of Statue, Advanced Parole, and Permission to work for my 8 year old step son. The documents where received on July 12th of this year.  I was subsequently asked for an RFE in September and responded in October.  However, I still haven't been notified about anything with regard to the Advanced Parole.  I see on this site that documents from Sept 6 are being processed.  Does anyone know if the RFE delay the processing of all three items or just the Adjustment of Status?   

 

My wife is frantic to take her son, my step son back to Colombia by the 15th of December.  I have called several times and asked for an investigation as to why this is taking so long.  The USCIS has been as it always is opaque. 

 

I was informed I could request an expedited process for his advanced parole.  For medical reasons with his grandmother, this seems like a possibility.  What kind of documentation is necessary? 

 

Any insight into whats going on and what I might be able to get done would be helpful.

 

 

Tony Giaccone

 

 

[geowrian 22,337]

The RFE will pause the processing of an I-765 and I-131 as well. Once the response is received, processing can resume.

If it was an RFIE, the clock resets in term of when USCIS considers it past the normal processing timeline, but it doesn't seem to impact actual processing time more than an RFE.

 

You can request an expedite via contacting USCIS. They will open an expedite request, and a little later will request documentation supporting the reason for an expedite. In your case, items that show the medical issue with the grandmother that necessitates urgency would be necessary. Official records from a licensed doctor would be preferred. There are no guarantees and the reason for an expedite due to medical reasons of a relative is pretty difficult...generally there needs to be a significant risk to their immediate health.

[GYnot 8]

it seems my wife is determined to take her son back to Colombia even with out his advanced parole approval. Does him leaving the country stop the processing of his adjustment of status? Can we still wait for the advanced parol card to be issued and overnight it to him in Colombia? 

 

 

 

[NigeriaorBust 4,087]

 Leaving without it being approved means you have abandoned his AOS ,  If the card is approved and sent after he leaves it will be invalidated by his leaving.  So if he tried to enter with it he will be turned around and sent back  

[geowrian 22,337]

4 hours ago, GYnot said:

it seems my wife is determined to take her son back to Colombia even with out his advanced parole approval. Does him leaving the country stop the processing of his adjustment of status? Can we still wait for the advanced parol card to be issued and overnight it to him in Colombia?

She's free to do that, but she won't be allowed back in without a new visa. Once she leaves before AP is approved, her AOS is abandoned. The I-131 (AP) is dependent on her I-485 (AOS) still being pending, so that will be denied as well.

 

If AP gets approved but she doesn't have the card in hand at the time of leaving the US, AP can be sent overseas. This is still risky IMHO, but technically permitted.

[Unidentified 2,930]

So both mom and son need the Emergency Advance Parole? If you live near a local USCIS office you can walk in and request one, much faster than calling them and having to send in evidence. I got mine same day I went there. They're going to need passport photos and evidence of why they need the Emergency Advance Parole as well as the case number for their AOS application. 

 

If they leave without this document you're going to have to start all over again. 

[Ontarkie 14,221]

Is it just the boy that needs AP?

 

If so does she realize that she will have to leave him there when she returns? Does she have a plan on who he will be living with during this time? Does he know what is going on and how he will be left behind? 

 

It will probably take a year before he gets back to the US. 

 

She needs to be informed what her plans mean for her son. 

Edited December 12, 2017 by Ontarkie

[Unidentified 2,930]

8 hours ago, Ontarkie said:

Is it just the boy that needs AP?

 

If so does she realize that she will have to leave him there when she returns? Does she have a plan on who he will be living with during this time? Does he know what is going on and how he will be left behind? 

 

It will probably take a year before he gets back to the US. 

 

She needs to be informed what her plans mean for her son. 

Yeah it is confusing to know who is going because he said he applied for everything for his 8 year old son. But the 8 year old son doesn't need a work permit...

[Ontarkie 14,221]

1 hour ago, Unidentified said:

Yeah it is confusing to know who is going because he said he applied for everything for his 8 year old son. But the 8 year old son doesn't need a work permit...

We applied for my kids ead so we could get them their SSN. They didn't need to work but having their socials earlier rather then later is good.

[Boiler 45,486]

Perhaps the son was a follow to join?

[GYnot 8]

The son came after his mother had arrived. She has her green card, and he has an applications in for an adjustment of status, advanced parole and permission to work (exactly correct, I wanted him to have an SSN number, to get that you need permission to work). 

 

I have completely explained to her that if she leaves with him, he can't return, and we will have to start all over again, and I think it's more likely to be 18 months then 12. I can't tell you how frustrated I am. Is there an exit record for him that gets generated that causes the paperwork to be abandoned?  I assume there's some record that gets generated on his leaving the country that ends the application process. 

[Boiler 45,486]

First thing you get as a K is a SNN. no EAD needed.

 

Well the act of leaving auto terminates the process, K 1 is a single use visa so that was used and gone

[geowrian 22,337]

7 minutes ago, GYnot said:

Is there an exit record for him that gets generated that causes the paperwork to be abandoned?  I assume there's some record that gets generated on his leaving the country that ends the application process. 

Every commercial airline maintains a flight manifest for every flight, which lists who is on the flight. This information makes it into CBP records (and is part of the APIS system) and recorded with their I-94.

 

This information may take time to get to USCIS so it's possible they won't notice right away. But even if AP or AOS were to be approved after departure from the US, it would still be caught upon return as CBP does have access to entry/exit data right away.

Edited December 14, 2017 by geowrian

[GYnot 8]

Ok, so despite my best efforts, my wife (green card holder) and her son (k2 in the process of adjustment of status) left the country on Friday.  So as I understand it, his adjustment of status, and the k2 visa that generated it are both now abandoned.

 

To start the process over again, do I file a new I-130?  Does her green card change the nature of the process in anyway?  What type of visa is requested by this situation? Does this abandonment have an effect on the processing of the next visa application?  

[geowrian 22,337]

Just now, GYnot said:

Ok, so despite my best efforts, my wife (green card holder) and her son (k2 in the process of adjustment of status) left the country on Friday.  So as I understand it, his adjustment of status, and the k2 visa that generated it are both now abandoned.

 

To start the process over again, do I file a new I-130?  Does her green card change the nature of the process in anyway?  What type of visa is requested by this situation? Does this abandonment have an effect on the processing of the next visa application?  

The AOS for the child would be abandoned.

You can file an I-130 for him. ETA: ~12-14 months. The past AOS abandonment won't hurt his case, although it's possible they may ask what happened. Just tell them and that should be it.

Once approved, the I-130 is sent to NVC for additional processing, then to the embassy where he will interview for a CR-2 visa. He will get a green card upon admission into the US on that visa.

 

Her green card doesn't change the process. Technically, she could petition him instead, but it's about twice as long of a wait so there's no good reason at this time to do so.

That said, I'm assuming she will be staying with your son abroad, right? She does need to take into account that she must maintain her US residency. Being abroad too long, establishing residency elsewhere, etc. can have an impact on the ability to re-enter the US or eligibility to apply for citizenship. A re-entry permit would be optimal if she will be abroad to wait out the processing for your son, but that must be applied for while in the US and she must do the biometrics in the US.