Emergency Advance Parole Documents

[Chiara_5 7]

19 minutes ago, RLA said:

As I described above,  and as it's described on USCIS' website: You call the USCIS hotline and take it from there. 

 

Sorry...i havent seen ot before ..thanks for your answer anyway. Are you trying again? Or will you wait AP?

[TNJ17 1,329]

Your reason isn’t an emergency and I don’t see them granting you early AP. This is something you should have kept in mind when you started this process and chose which route to go with. You must always go into this process expecting the longest and the worst, if it happens to be fast or easy then you got a bonus. Like others said your best bet would be to delay your arrival. You’re only talking about a couple of months tops. Just think of it this way, do you really wanna chance your degree by coming here early and hoping to get early AP and then realize you will not get it? There is no guaranteed scenario where you enter on a K1 in December, get married, gather all evidence for AOS and submit it, and get approved for AP all in 2-3 months time. Remember that after you get married you must wait for your marriage certificate to get back to you which depending on where you are it can take more than a month. You can’t file for AOS without it. Ours took 3 weeks after our wedding to get back to us. And we got married at a courthouse. 

[Sarah&Facundo 580]

Also bear in mind that you will be getting married right before the holidays. There are a number of Federal holidays during that time like Christmas, New Years, Martin Luther King Day, Presidents Day, etc. Offices are also closed on Thanksgiving and many people do not work the Friday after that either. Government workers may make long weekends out of those other previous holidays, as is commonly done with workers here. With all those days official days off and other days that workers may take vacation, I can't imagine things move very quickly at that time of year.

 

You have six months from your medical to enter. My husband moved to the US just TWO DAYS before his six month expiration and it was fine. I highly suggest finishing your program first before moving here, because who knows when things will happen.

 

Also, we received our marriage license about a week after the wedding, which we were lucky for. We submitted the AOS/EAD/AP paperwork that very afternoon. We are almost at 5 months waiting for his EAD/AP card now....

[mushroomspore 3,043]

My EAD/AP took 8 months. Sorry but they're not going to expedite your AP because it's not an emergency. Emergencies are unexpected. This is completely expected. Enter with your K1 AFTER your dissertation and then you can do AoS with peace of mind.

[TNJ17 1,329]

It took me 2 months (from date of filling for expedite to approval) to expedite my EAD/AP and that was after having already waited over 3 months since filling AOS. Things are moving a lot slower and not faster. Oh and I still haven’t received the card in the mail yet. 

Edited September 6, 2018 by TNJ17

[Chiara_5 7]

Thank you all for your answers. I know ot is not an "emergency" but i read people obtaining an expedit process or an advanced parole right away for phd dissertantions and even to attend their own planned religion wedding in their own country.... because the AP would not arrive in time.

 

I really dont know what to think. Moreover i just know it will be in spring not sure about a real date yet. 

 

I will schedule another appointment at new york office and ask for more details myself.

 

 

 

 

[geowrian 22,336]

6 minutes ago, Chiara_5 said:

Thank you all for your answers. I know ot is not an "emergency" but i read people obtaining an expedit process or an advanced parole right away for phd dissertantions and even to attend their own planned religion wedding in their own country.... because the AP would not arrive in time.

Yes it has happened. No, I certainly would not rely on it happening.

 

6 minutes ago, Chiara_5 said:

I will schedule another appointment at new york office and ask for more details myself.

There's nothing they can do nor can they agree to expedite or issue emergency AP ahead of time.

[TBoneTX 43,602]

So much of this process is out of our hands that you should seize what you CAN control.  I agree with the others that you should delay your U.S. entry until after defending your thesis.

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Thread is moved from the K-1 Case Progress subforum to the "AOS from K Visas" Case Progress subforum -- topic involves timing of receiving Advance Parole after entry.

[mushroomspore 3,043]

31 minutes ago, Chiara_5 said:

Thank you all for your answers. I know ot is not an "emergency" but i read people obtaining an expedit process or an advanced parole right away for phd dissertantions and even to attend their own planned religion wedding in their own country.... because the AP would not arrive in time.

 

I really dont know what to think. Moreover i just know it will be in spring not sure about a real date yet. 

 

I will schedule another appointment at new york office and ask for more details myself.

 

 

 

 

Don't count on emergency AP. For that, you need to make an Infopass appointment and it is a crapshoot as it's dependent on the officer you end up getting to "help" you. Those people were just very lucky. And as geowrian said, they do not agree to expediting AP ahead of time. The thing about USCIS is that they work on cases at their own pace. Even those with legitimate expedite reasons have little control over how long exactly it takes. When dealing with USCIS and immigration procedures, it is best to accept that you have no control over how they do things or how long they take.

[Crazy Cat 40,119]

21 hours ago, Chiara_5 said:

I know.... but i relly do not want to delay even more the stupid process of AOS. It will take me alredy 4/5 months to obtain EAD.

 

USCIS timeline is super long for everything. How can they leave a person life on hold for so long

If you want to avoid the "stupid" process of AOS, then maybe a CR-1 is a better option.

[A&H2018 146]

Your case for sure will qualify for an emergency AP. Question is though where will the field office be and how busy they are?

Also you will need to have completed your biometrics and probaby wait 3 weeks after biometrics.

Edited September 8, 2018 by A&H2018

[A&H2018 146]

The definition of a USCIS emergency is something that the applicant cannot control and if all else is correct is leaving for a short period of time and returning within that window. The bar for medical, business, etc is all different. The bar for a business situation is something that the applicant has not "scheduled" and "has no real control over scheduling". The fact that school/whoever is the one in charge of the PhD timeline and disseration is basically just that. Furthermore the school/commitee will for sure write a formal letter, on a formal letterhead to explain the time needed away, reasons why and when the applicant is free to return to the USA. Along with travel arrangements made by the applicant, that is more than enough proof to pass the emergency bar for a business situation. This is why people in the same situation in the past have received this.

 

It is rather odd, that some people think this is not an emergency situation. The OP does not return home to do such a thing, they cannot complete their PhD. Not completing their PhD delays their career in the USA for the forseeable future. 

 

The main reason I think most people would not qualify it an emergency, is because they assume well the OP should just delay their lives for months and make sure everything was fine before coming to the USA. Fair point, but truly even USCIS is not that harsh. USCIS knows its their rules to make go and get an emergency AP, USCIS also knows in a case like OP the emergency AP will only be valid for 4 day period or maybe less, and USCIS is well aware it takes 6-8 months or who knows how long for a typical AP.  Now that said the trip will suck, USCIS will make the OP arrive day before the meetings, then fly back the day after its done and I assume that will be a longggg flight but thats how the emergency AP works if you want one. If you cannot enjoy/afford traveling in a fast 4day window then yes better off waiting till PhD process completed then arriving in the USA.

Edited September 9, 2018 by A&H2018

[geowrian 22,336]

6 minutes ago, A&H2018 said:

The definition of a USCIS emergency is something that the applicant cannot control and if all else is correct is leaving for a short period of time and returning within that window

I'm not so sure that's their definition...many events are out of one's control but that doesn't make it an emergency. A friend's wedding, for instance, is a common circumstance I've sen on VJ where people have attempted to obtain emergency AP. Some had success, some did not.

 

6 hours ago, A&H2018 said:

Your case for sure will qualify for an emergency AP.

I wouldn't go that far. Nobody here can say if something will definitely qualify or not...I've seen cases that boggle one's mind how they got emergency AP, but it worked nonetheless. I've also seen very strong cases for it that were denied (across a number of bases for the request...side note, I had to look up the proper plural form of "basis" ).

[A&H2018 146]

Totally understand, but a wedding has nothing to do with business and is judged in a different format. Nor would someone provide a formal letter on a letterhead for a marriage. You would have to prove financial loss or something else in that case I would say. 

 

I agree, using the word definitley was a bit too strong guess got carried away there (whoops). Just saying if you show up with the proper pictures, your i131 application matches the letter to explain your case, and then the formal proof you have matches, i485 receipt, i130 receipt, biometrics completed receipt and the time period is very short...USCIS will approve it for business travel. A PhD defense would qualify as legitimate travel it just matters if you have everyhing prepared to prove so. 

[Boiler 43,998]

My motto is If in doubt expedite.

 

But to assume you would get it is any set of circumstances would be silly.