RETURING FOR AN EMERGENCY TO HOME COUNTRY

[J&C2527 6]

Does anyone know how and if it's possible to return to your home country while waiting on adjustment of status. My husband from Canada has an emergency medical situation with his son in Canada. How can he go there without them keeping him and not letting him return while we are awaiting his adjustment of status. Is he allowed to? Will they not let him return. Is there something he needs to do before? Please help, I feel horrible he's not able to rush over to be there for his son in this time of need.

Thank You

[geowrian 22,337]

Does he have AP? Based on your timeline, he likely would have it by now if he filed alongside AOS.

If not, he can request emergency AP via an Infopass appointment (or walk-in if that's too slow still).

If he exits the US without AP or a green card, he will need start over with a CR-1 visa to re-enter. His AOS would be deemed abandoned.

[J&C2527 6]

4 minutes ago, geowrian said:

Does he have AP? Based on your timeline, he likely would have it by now if he filed alongside AOS.

If not, he can request emergency AP via an Infopass appointment (or walk-in if that's too slow still).

If he exits the US without AP or a green card, he will need start over with a CR-1 visa to re-enter. His AOS would be deemed abandoned.

Im sorry whats an AP?

[J&C2527 6]

Not sure what an EP is but he has his EAD

[Boiler 45,486]

Advanced Parole.

Edited November 5, 2018 by Boiler

[J&C2527 6]

is that something you gotta apply for seperatly or is that with the adjustment of status application?

[geowrian 22,337]

Does his EAD say "Serves as I-512 Advance Parole"? If so, then he has AP and is fine to leave and return using that.

Just now, J&C2527 said:

is that something you gotta apply for seperatly or is that with the adjustment of status application?

Separately via an I-131, just like the I-765 (to get an EAD).

[J&C2527 6]

Ok i'll have to look at all my paperwork. I just looked at his work permit and says not for re entry. Is that something that comes around the same time as the work permit if applied for it? Is that a normal application to be filed with the adjustment of status? Sorry for all these questions. Our lawyer got disbarred during all this and we have knowone to help us now or ask questions.

[geowrian 22,337]

Just now, J&C2527 said:

Ok i'll have to look at all my paperwork. I just looked at his work permit and says not for re entry. Is that something that comes around the same time as the work permit if applied for it? Is that a normal application to be filed with the adjustment of status? Sorry for all these questions. Our lawyer got disbarred during all this and we have knowone to help us now or ask questions.

Yes, they are usually adjudicated together and they issue a combo card. In can also be be a separate document, although that's not as common unless you apply for them at different times.

It is highly suggested to file for AP alongside AOS...it's free and makes these type of  situations much simpler.

 

If he didn't obtain AP, the only option would be emergency AP to have something quickly.

[J&C2527 6]

Thank you so much i'll have to look into our file and see if this idiot lawyer did send that

[TM92 527]

3 hours ago, J&C2527 said:

I just looked at his work permit and says not for re entry.

3 hours ago, geowrian said:

In can also be be a separate document

This is what a stand-alone AP (I-512L) document looks like:

Is USCIS Phoenix your local office? If he needs emergency AP, there are appointments currently available for the 14th and 16th: https://my.uscis.gov/en/appointment If he needs it sooner, each office has its own policy on whether emergency walk-in is allowed; he can try it but no guarantee. Nevertheless, its best if he can get scanned copy of a letter from his son's doctor describing both his diagnosis and prognosis.

Edited November 5, 2018 by TM92

[Paul & Mallory 1,398]

AP and EAD can be filed along with AOS, as above posters have said, and are issued together as a combo card if applied for this way. Two separate applications/forms would have been filled out, one for the AP (Travel Permit - Form I-131) and one for the EAD (Work Permit - Form I-765), which is in addition to the AOS form filled out. In case that sounds familiar - if you filled those two out and it was sent in with your AOS form, then you likely filed for it and it SHOULD have been issued along with the work permit.

[K & R 343]

5 hours ago, J&C2527 said:

Does anyone know how and if it's possible to return to your home country while waiting on adjustment of status. My husband from Canada has an emergency medical situation with his son in Canada. How can he go there without them keeping him and not letting him return while we are awaiting his adjustment of status. Is he allowed to? Will they not let him return. Is there something he needs to do before? Please help, I feel horrible he's not able to rush over to be there for his son in this time of need.

Thank You

You need to apply for Advanced Parole and have an Advance Parole card in order to travel while awaiting AOS. If you travel without that he will be considered abandoning his AOS and you will have to reapply for him to come here with a CR1/IR1. 

[mushroomspore 3,044]

8 hours ago, J&C2527 said:

Thank you so much i'll have to look into our file and see if this idiot lawyer did send that

Sounds like the lawyer didn't. Usually the EAD and AP forms are sent together and then adjudicated together, which is why the AP is really just that one line of text at the bottom of the EAD. Best bet is to make an Infopass and take relevant documents explaining the situation and cross your fingers for emergency AP. If your husband leaves the US without AP, he will be considered to have abandoned his adjustment of status case. 

Edited November 5, 2018 by mushroomspore

[Ontarkie 14,221]

~~Thread moved to Working and Traveling from AOS Family - as the OP is asking about emergency AP.~~

~~Hijacked post removed from this thread also.~~