I applied for advance parole I-131, but I need to travel in the immediate future. What should I do if my advance parole application is still pending?

[ManSat 0]

1 hour ago, arken said:

You are literally asking USCIS to approve a document to be able travel and do business in a different country. I don't think that is a satisfactory reason for expedite. Just hope for the best.

 

I'd assume expedited AP or emergency AP is for those who needs to travel to see dying immediate relatives or who are in critical health or to attend funeral n other humanitarian reasons.

As said, if your expedite request is denied and you leave before getting approved, you need to go with consular processing. The i130 remains intact.

 

My company though has US clients too and if it goes down then relationship with US suppliers is dead.

[ManSat 0]

The question is if I go back and start again from my own country, will I be hit by a 3 year bar? Because my business stay was for 6 months, today I am 10 months in the US (like 4 months overstay)?

3 hours ago, dwheels76 said:

I doubt they would even approve because of work related that's not considered an emergency since you are immigrating and all.
You may have to bite the bullet and just leave and you will have to go through embassy interview. Depending on your country it could be 2 years to get visa to come back.
EAD/AP is a 6 to 9 month process for most. Did you even call USCIS first to try and expedite or you went directly to congressperson?
 

they dont pick up and no infopass appointments due to covid

[ManSat 0]

3 hours ago, Crazy Cat said:

Option 1: Apply for emergency AP at USCIS.

Option 2: Leave before receiving approved AP.  This will result in abandonment of your adjustment of status.

Option 3: Wait it out for approved AP.

The question is if I go back and start again from my own country, will I be hit by a 3 year bar? Because my business stay was for 6 months, today I am 10 months in the US (like 4 months overstay)?

2 hours ago, Unlockable said:

Yes, this is the huge risk of adjusting status... you are in a virtual lockdown while things are getting processed. I agree with the options listed above by our valued members of the forum.

 

It essentially comes down to what you are willing to lose. Try to the first option of asking for expedited AP and pray/hope for the best.

The question is if I go back and start again from my own country, will I be hit by a 3 year bar? Because my business stay was for 6 months, today I am 10 months in the US (like 4 months overstay)?

2 hours ago, Lil bear said:

Decide which you can more afford to lose on .. i know you would prefer to not lose either of the options but thats not going to happen….  
 

Which will be worse

1. starting the immigration  process again from your home country

2. the consequences and impact on your business of choosing not to see clients face to face where they are 

The question is if I go back and start again from my own country, will I be hit by a 3 year bar? Because my business stay was for 6 months, today I am 10 months in the US (like 4 months overstay)?

[ManSat 0]

1 hour ago, arken said:

You are literally asking USCIS to approve a document to be able travel and do business in a different country. I don't think that is a satisfactory reason for expedite. Just hope for the best.

 

I'd assume expedited AP or emergency AP is for those who needs to travel to see dying immediate relatives or who are in critical health or to attend funeral n other humanitarian reasons.

As said, if your expedite request is denied and you leave before getting approved, you need to go with consular processing. The i130 remains intact.

 

How come the I-130 stay intacT? so need to re-submit from embassy I-130? Just the I-485?

The question is if I go back and start again from my own country, will I be hit by a 3 year bar? Because my business stay was for 6 months, today I am 10 months in the US (like 4 months overstay)?

[Crazy Cat 41,836]

9 minutes ago, ManSat said:

The question is if I go back and start again from my own country, will I be hit by a 3 year bar? Because my business stay was for 6 months, today I am 10 months in the US (like 4 months overstay)?

If you have accrued 180 days (6 months) of unlawful presence when you depart the US, then yes.  Of course, you know that the visa is now voided. 

Edited January 4, 2022 by Crazy Cat

[Crazy Cat 41,836]

7 minutes ago, ManSat said:

they dont pick up and no infopass appointments due to covid

If you say "Infopass" at the prompt, they will pick up.  In September, I called, and my wife even got an infopass appt for the very next morning. 

Edited January 4, 2022 by Crazy Cat

[Rocio0010 5,579]

12 minutes ago, ManSat said:

I am not working for a US company or in the US, is just remote work.

This is exactly where it is a grey area. Actually, some will say it is a grey area, some will say it is not. The truth is, you're working while you're in US soil. I'm not saying I agree or disagree, but it is the law.

Now, on to your problem, I know some people managed to file for expedite using Emma.

[ManSat 0]

1 minute ago, Rocio0010 said:

This is exactly where it is a grey area. Actually, some will say it is a grey area, some will say it is not. The truth is, you're working while you're in US soil. I'm not saying I agree or disagree, but it is the law.

Now, on to your problem, I know some people managed to file for expedite using Emma.

the congressman also request expediting, should I also do it from my side using Emma or wait?

6 minutes ago, Crazy Cat said:

If you have accrued 180 days (6 months) of unlawful presence when you depart the US, then yes.  Of course, you know that the visa is now voided. 

so does this mean I am still in the safe area (10 - 6 = 4 months of unlawful presence?)

[SalishSea 17,818]

3 hours ago, ManSat said:

I entered the country on a B2 visa and we decided to stay. I applied for Adjustment of status in September 2021.

Too bad.  The long wait to be able to work or travel is what you get when you decide to circumvent the queue for an immigrant visa.

 

Can't have it both ways.

[Rocio0010 5,579]

6 minutes ago, ManSat said:

should I also do it from my side using Emma or wait?

Doesn't hurt to try.

However, don't get your hopes high.

[SalishSea 17,818]

21 minutes ago, ManSat said:

I am not working for a US company or in the US, is just remote work.

Unauthorized, without an EAD or GC.

[Rocio0010 5,579]

4 minutes ago, Jorgedig said:

 The long wait to be able to work or travel is what you get when you decide to circumvent the queue for an immigrant visa.

I think a lot of times it stems from not reading enough and not joining VJ early in the process, even before applying for anything, to do some research and see which visa is more convenient under X circumstance.

[Ban Hammer 13,332]

multiple posts removed for

- being non constructive

- tos violations (telling other members not to post)

- pot stirring.

 

it is recommended that several long term members cease making non constructive posts as the moderation team has noticed the repeated behavior.

(if it is not apparent who i mean in the above sentence, i suggest a message to me via pm to inquire if it means you or not)

 

charles

vj moderation

Edited January 4, 2022 by Ban Hammer

[HRQX 4,145]

1 hour ago, ManSat said:

Because my business stay was for 6 months, today I am 10 months in the US

When was the I-485 filed? If it was filed before the I-94 expired then you still haven't accrued unlawful presence since a properly filed I-485 results in being in a "period of stay authorized by the Secretary of Homeland Security." https://fam.state.gov/fam/09FAM/09FAM030211.html

1 hour ago, ManSat said:

How come the I-130 stay intacT? so need to re-submit from embassy I-130?

You can use the already filed I-130 petition for consular processing. The petitioner should request that USCIS switch the pending petition from AOS to consular processing.

 

At NVC you would follow these steps: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Edited January 4, 2022 by HRQX

[Crazy Cat 41,836]

2 minutes ago, HRQX said:

When was the I-485 filed? If it was filed before the I-94 expired then you still haven't accrued unlawful presence since a properly filed I-485 results in being in a "period of stay authorized by the Secretary of Homeland Security." https://fam.state.gov/fam/09FAM/09FAM030211.html

How does abandonment affect the accrual of unlawful presence?