Emergency AP

[brazikid25 2]

Hello,

 

My wife's grandmother is dying in the hospital in Brazil has according to doctors 1-2 weeks she's breathing less and less everyday.

 

We filed I-130, I-131, I-485, and I-765. (AOS, EAD/AP) and USCIS received our documents on December 14 and we received a receipt Jan 6.

 

Currently just waiting. 

 

How can we file for emergency AP and will my wife be barred from reentry since she had overstayed her B-2 Visa....we met after so no it is not visa fraud.

 

TIA

[Boiler 45,514]

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

Not sure how realistic it is with that timeline, Covid etc.

[Pinkrlion 2,719]

Call USCIS to make an infopass appointment.  There is a chance she is barred upon her return.  Also a chance that her I-485 is denied because she left the country.

[brazikid25 2]

4 minutes ago, Boiler said:

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

Not sure how realistic it is with that timeline, Covid etc.

I had a feeling it was unrealistic, but better to have tried than sit around and hope an elderly lady recovers.

4 minutes ago, Pinkrlion said:

Call USCIS to make an infopass appointment.  There is a chance she is barred upon her return.  Also a chance that her I-485 is denied because she left the country.

This is what we don't want -__-

 

thank you tho

[SteveInBostonI130 3,451]

Call USCIS right away.  If you ask for "emergency infopass" at the automated voice prompt you should get to a live support person.  Explain your situation and ask for an emergence appointment at your local office.  

 

You will need to give them your phone number.  Disable any call screenings or do not disturb settings.  Someone from the local office will call back and make the appointment.

 

Bring all relevant documents and explain your situation to the CO.  They will let you know if the expired B2 is an issue and also approve or deny an emergency AP.

 

The timing may be an issue.  Last month we requested a non emergency infopass appointment and it took two weeks for the local office to call us to schedule the interview.

[brazikid25 2]

18 minutes ago, SteveInBostonI130 said:

Call USCIS right away.  If you ask for "emergency infopass" at the automated voice prompt you should get to a live support person.  Explain your situation and ask for an emergence appointment at your local office.  

 

You will need to give them your phone number.  Disable any call screenings or do not disturb settings.  Someone from the local office will call back and make the appointment.

 

Bring all relevant documents and explain your situation to the CO.  They will let you know if the expired B2 is an issue and also approve or deny an emergency AP.

 

The timing may be an issue.  Last month we requested a non emergency infopass appointment and it took two weeks for the local office to call us to schedule the interview.

Thank you I will do that tomorrow when it open! I can only hope for the best! 

[brazikid25 2]

1 hour ago, SteveInBostonI130 said:

Call USCIS right away.  If you ask for "emergency infopass" at the automated voice prompt you should get to a live support person.  Explain your situation and ask for an emergence appointment at your local office.  

 

You will need to give them your phone number.  Disable any call screenings or do not disturb settings.  Someone from the local office will call back and make the appointment.

 

Bring all relevant documents and explain your situation to the CO.  They will let you know if the expired B2 is an issue and also approve or deny an emergency AP.

 

The timing may be an issue.  Last month we requested a non emergency infopass appointment and it took two weeks for the local office to call us to schedule the interview.

Also it’s not an expired B-2 it’s an overstay. Hoping Boston is working fast! 

Edited February 22, 2021 by tarikmiranda

[Boiler 45,514]

B2 is no longer valid, that went when she overstayed.

 

USCIS is not the place to get legal advice, they will issue AP if you are eligible to get it, they do not contemplate the wisdom of using it.

 

Used to be an issue using AP with an overstay but times changed.

[brazikid25 2]

1 hour ago, Boiler said:

B2 is no longer valid, that went when she overstayed.

 

USCIS is not the place to get legal advice, they will issue AP if you are eligible to get it, they do not contemplate the wisdom of using it.

 

Used to be an issue using AP with an overstay but times changed.

So are you saying it’s safe to use AP in her situation?

[Boiler 45,514]

8 minutes ago, tarikmiranda said:

So are you saying it’s safe to use AP in her situation?

I have yet to come across someone who had an issue in the last few years.

[SalishSea 17,829]

21 hours ago, tarikmiranda said:

Hello,

 

My wife's grandmother is dying in the hospital in Brazil has according to doctors 1-2 weeks she's breathing less and less everyday.

 

We filed I-130, I-131, I-485, and I-765. (AOS, EAD/AP) and USCIS received our documents on December 14 and we received a receipt Jan 6.

 

Currently just waiting. 

 

How can we file for emergency AP and will my wife be barred from reentry since she had overstayed her B-2 Visa....we met after so no it is not visa fraud.

 

TIA

Sorry for the situation.  This is a great example of the drawbacks of adjusting from a B-2.

[brazikid25 2]

20 hours ago, Boiler said:

I have yet to come across someone who had an issue in the last few years.

Do you recommend I fly back with her as well? Just to be safer? 

[Boiler 45,514]

10 minutes ago, tarikmiranda said:

Do you recommend I fly back with her as well? Just to be safer? 

Only if you waant to, can not see how it makes any difference to the immigration side.