I-485 and I-130 Delayed

[rpatel 0]

Hello, 

 

I am needing help or assistance with both my parents applications for I-485 and I-130s. Everything was submitted back on April, 2020 besides their medical documents at the time of applying. They got their biometrics on August, 2020 and got their employment authorization card shortly after that. They are applying based on beings parents of a USA citizen and everyone lives in the United States. It's been over 15 months since their biometrics and they haven't heard about anything about request for evidence for a medical examination or anything. They were unable to get a medical appointment at the time of applying due to covid shutdowns. I am really looking for help to see what we can do to help the process, we tried reaching out to a senator but they said they aren't able to do anything until the processing time online is updated past my parents application submission, and the processing time online still shows June 2017.  Thank you for any help or advise, any information is helpful at this time! 

[HRQX 4,145]

12 minutes ago, rpatel said:

and got their employment authorization card shortly after that.

Did they renew it?

[rpatel 0]

Hey did they renew it and its in the renewal process right now. They just really want their adjustment of status done to visit family outside the country.

[HRQX 4,145]

5 minutes ago, rpatel said:

to visit family outside the country.

It's free to submit Form I-131 if full I-485 fee was paid: https://www.uscis.gov/i-485

Filing Forms I-765 and I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.

[SalishSea 18,137]

58 minutes ago, rpatel said:

Hey did they renew it and its in the renewal process right now. They just really want their adjustment of status done to visit family outside the country.

Why didn't they get advance parole at the same time as an EAD?   Then they would have been able to travel and be admitted back in.

[HRQX 4,145]

7 minutes ago, Jorgedig said:

and be admitted back in.

*"paroled" in.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 "A grant of parole is a temporary and discretionary act exercised on a case-by-case basis. Parole, by definition, is not an admission."

Edited November 4, 2021 by HRQX

[SalishSea 18,137]

1 minute ago, HRQX said:

*"paroled" in.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 "A grant of parole is a temporary and discretionary act exercised on a case-by-case basis. Parole, by definition, is not an admission."

Right.  Semantics.  End result is same.

[rpatel 0]

57 minutes ago, Jorgedig said:

Why didn't they get advance parole at the same time as an EAD?   Then they would have been able to travel and be admitted back in.

They had thought about that option, but they didn't want to risk not being able to enter the country again. They really want to get their adjustment of status complete before doing anything, but i can't figure out anything to help move the process quicker.

[HRQX 4,145]

8 minutes ago, rpatel said:

They had thought about that option, but they didn't want to risk not being able to enter the country again.

Although entry is not guaranteed, AP travel is still very low risk. I recently used my AP in May at Miami International Airport. The circumstances of my previous US entry (i.e. an illegal entry; "Entry Without Inspection") was not questioned at all. A recently issued NOID (w/ 04/29 date on the notice) for my I-485 was brought up by the CBP secondary inspection area officer but I was also carrying the specific document that helped me succinctly respond to USCIS' concerns listed on the NOID. If they have a connecting domestic flight they should allot enough time to make the connection. I almost missed my connection to San Francisco.

[SalishSea 18,137]

33 minutes ago, rpatel said:

They had thought about that option, but they didn't want to risk not being able to enter the country again. They really want to get their adjustment of status complete before doing anything, but i can't figure out anything to help move the process quicker.

Then there really is no option but to wait.  Nationally, green cards are taking about two years.  It is a drawback of adjusting status on a B visa like that.

[arken 4,197]

31 minutes ago, rpatel said:

They had thought about that option, but they didn't want to risk not being able to enter the country again. They really want to get their adjustment of status complete before doing anything, but i can't figure out anything to help move the process quicker.

If a processing center is taking 25 months in average and yours is only 15 months, then of course there is nothing you can do or nothing any representatives can help. Majority of people assigned to that service center are the same way not just yours. 

 

The whole point of EAD/AP is one can work and travel internationally while GC is pending. They didn't apply for AP for free, a personal choice they made.

[Marieke H 2,523]

It is a consequence of the choice they made to apply for adjustment of status in the US instead of going through consular processing. All you can do is wait, and it can easily take another year. It is not too late to apply for AP if they have not done so yet.