Emergency Travel Document Expired due to COVID-19 lockdown

[Singh90 6]

Need advise please!

I have a pending i-485, i-131 and i-765 after entering US on K-1. Fingerprints were taken in December 2019.

 

while we were waiting for my application to process, my father became ill due to liver cancer. I went to local field office and I was issued an emergency travel document by USCIS office for 30 days expiring on April 11, 2020.

 
Me and my wife flew to India on March 13, 2020 and had our return ticket booked for April 8, 2020. My father passed away the next day we came to India March 15, 2020. A week afterwards country went into lock down and airports are still closed because of COVID-19 and we tried our best registering STEP, Tinyurl and everything possible to be back in the stars but just couldn’t make it Even though it was very sensitive time on our family.

 

Now what should be our direction ? Embassy’s are closed until May 3, 2020 and USCIS contact Centre in the states is telling me that they are NOT able to help because I am not in the US.

 

What can we do to be able travel back to United States ?

[Just Paul 4,595]

53 minutes ago, Singh90 said:

Need advise please!

I have a pending i-485, i-131 and i-765 after entering US on K-1. Fingerprints were taken in December 2019.

 

while we were waiting for my application to process, my father became ill due to liver cancer. I went to local field office and I was issued an emergency travel document by USCIS office for 30 days expiring on April 11, 2020.

 
Me and my wife flew to India on March 13, 2020 and had our return ticket booked for April 8, 2020. My father passed away the next day we came to India March 15, 2020. A week afterwards country went into lock down and airports are still closed because of COVID-19 and we tried our best registering STEP, Tinyurl and everything possible to be back in the stars but just couldn’t make it Even though it was very sensitive time on our family.

 

Now what should be our direction ? Embassy’s are closed until May 3, 2020 and USCIS contact Centre in the states is telling me that they are NOT able to help because I am not in the US.

 

What can we do to be able travel back to United States ?

You will have to wait for the Embassy to open.  Basically the same answer as before.  You might be looking at a spousal visa now.

 

 

[Singh90 6]

56 minutes ago, Paul & Mary said:

You will have to wait for the Embassy to open.  Basically the same answer as before.  You might be looking at a spousal visa now.

what about a Humanitarian Parole ? Or wait for my existing/pending travel document petition ? Since the Biometrics were already done

 

 

[geowrian 22,338]

10 minutes ago, Singh90 said:

what about a Humanitarian Parole ? Or wait for my existing/pending travel document petition ? Since the Biometrics were already done

Once your existing AP expired and you have departed the US, your I-485 - and its dependent applications like the I-765 and I-131 - are automatically considered abandoned.

It's possible they won't catch it in time, but the expectation is that the existing application will be denied per the INA.

 

Humanitarian parole exists, but generally it's for extraordinary circumstances where one is inadmissible, and only designed for temporary stays. It is not a means to bypass a visa process. It is not a means designed to immigrate.

https://my.uscis.gov/exploremyoptions/humanitarian_parole

[Boiler 45,930]

I am not sure I have seen AP issued for 30 days before, any reason?

[retheem 568]

You may want to look at a spousal visa now. The avenue through K1 is dead and buried.

[Liam2021 587]

20 hours ago, Singh90 said:

flew to India on March 13, 2020

We all know the lock down will happen because outbreak , so I'm really don't know why you still travel with AP only good for one month. In fact, this will never happen if you asked the Officer at USCIS why it valid only for one month. Sadly but it time to getting married and submit a new I-130.

[Singh90 6]

9 minutes ago, H&T said:

We all know the lock down will happen because outbreak , so I'm really don't know why you still travel with AP only good for one month. In fact, this will never happen if you asked the Officer at USCIS why it valid only for one month. Sadly but it time to getting married and submit a new I-130.

We have already used our K1 visa. We have married in December 2019 and filed adjustment of status in December 2019. My AP that I filed with I-485 is still pending only biometrics were taken. This 30 days travel was emergency travel document (I-512) issued by local office right away on the appointment because my father passed away. So I needed to travel. And there wasn’t lockdown at the time when I travelled it happened 6 days later

Edited April 20, 2020 by Singh90

[Just Paul 4,595]

2 hours ago, Singh90 said:

We have already used our K1 visa. We have married in December 2019 and filed adjustment of status in December 2019. My AP that I filed with I-485 is still pending only biometrics were taken. This 30 days travel was emergency travel document (I-512) issued by local office right away on the appointment because my father passed away. So I needed to travel. And there wasn’t lockdown at the time when I travelled it happened 6 days later

I doubt the embassy has any options for the expired I-512L and that your option will be to return to Canada and do an I-130.

[Singh90 6]

Yesterday I have received an update on all three petitions.

 

i-485: Ready to schedule an interview 

i-131: Approved

i-765: New Card being printed

 

Even though my i-512 (30 days travel) was expired last month and I am still outside the U.S.

 

I spoke with the USCIS tier 2. And had to fax some more information to National Benefits Centre. Including my expired I-512 and my ticket details that I Couldn’t travel back to the US within the validity of AP.

 

Now both my travel document and EAD or it might be a “combo card” will be delivered to our address in the U.S. and we are currently in India. Me and my wife are planning to go to Canada first. And then get my travel papers delivered to us by our family member and drive back to States to seek parole at the entry port ? 
 

[JacobP 186]

21 hours ago, Singh90 said:

Yesterday I have received an update on all three petitions.

 

i-485: Ready to schedule an interview 

i-131: Approved

i-765: New Card being printed

 

Even though my i-512 (30 days travel) was expired last month and I am still outside the U.S.

 

I spoke with the USCIS tier 2. And had to fax some more information to National Benefits Centre. Including my expired I-512 and my ticket details that I Couldn’t travel back to the US within the validity of AP.

 

Now both my travel document and EAD or it might be a “combo card” will be delivered to our address in the U.S. and we are currently in India. Me and my wife are planning to go to Canada first. And then get my travel papers delivered to us by our family member and drive back to States to seek parole at the entry port ? 
 

Canada has a very strict policy against letting in anyone who isn't a citizen or permanent resident into the country right now, which includes turning away spouses of citizens. They're also mandating a 14-day quarantine for anyone coming into the country.

 

I've never heard anyone try to re-enter on an AP that was issued after they already left the country, though it sounds like you've been talking to the USCIS already at least.

[Singh90 6]

3 hours ago, JacobP said:

 

I've never heard anyone try to re-enter on an AP that was issued after they already left the country, though it sounds like you've been talking to the USCIS already at least.

Yes I spoke to Tier 2 multiple times and they expedited my petition. And I clearly mentioned in the letter sent to USCIS (when they asked additional information to expedite my case) that I am currently in India. 
 

I am permanent resident of Canada. And I didnt leave US without AP document. If you read my first post on this thread I mentioned it there that I was given 30 days emergency travel document because of my fathers illness and i couldn't travel back to the US within its validity because of Corona Virus. Thats the reason my pending petitions was expedited. In fact I only requested to expedite my i-131 nothing else but I see all my pending petition’s status changed on the very day my i-131 got approved. 
 

i-765 status reads “the new card is being produced” 
 

i-485 - Ready to schedule interview

I understand AP isn’t a guaranteed admission. At least I can appear at the port and will take both my current AP and 30 days expired AP that I received before leaving US.

 

and ofcourse you have never seen anything like this before. Neither did I.

 

I haven't seen airports locked down for weeks because of pendemic.

 

Someone was earlier telling me that you might have to do spousal visa as my pending petitions were gonna get abandoned.