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?

[SalishSea 18,133]

Just now, Rocio0010 said:

I have seen attorneys making BRUTAL mistakes with regards to immigration. I'm sorry, I don't trust a lot of them.

 

Yeah, no. It is not "straight denial". Just spend some time reading here in VJ. Pleeennnnnty of people do that successfully. As long as you're honest with the CBP officer, there should not be a reason for denial. Where did you get that from?

(And being honest would include mentioning if the plan is to adjust status.)

[aaron2020 11,651]

OP would need to disclose his AOS on the DS-160.  Zero chances of another B1/B2.

[ManSat 2]

1 minute ago, aaron2020 said:

OP would need to disclose his AOS on the DS-160.  Zero chances of another B1/B2.

Unless you apply for a dual intent type of visa, like the L1 ...

Edited January 5, 2022 by ManSat

[aaron2020 11,651]

Just now, ManSat said:

Unless you apply for a dual intent type of vosa, like the L1 ...

Bye.  Best of luck.

 

You're not getting it.  

[Rocio0010 5,635]

5 minutes ago, Jorgedig said:

(And being honest would include mentioning if the plan is to adjust status.)

Exactly. There is actually nothing wrong with applying for a b2/b2 visa while CR is pending… plenty of couples here in VJ do it. And being honest with the CBP pays off. However, that ship has sailed for OP

[Rocio0010 5,635]

3 minutes ago, ManSat said:

Unless you apply for a dual intent type of visa, like the L1 ...

You can try. But it’s going to be a waste of money. Should have done prior research before getting a b1/b2 and AOS. Good luck 

[millefleur 5,047]

5 minutes ago, aaron2020 said:

The options outlined by Crazy Cat in the 2nd response to this thread is the correct response.

Exactly. And in case it wasn't clear:

 

6 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.

Option 2 leads to you applying via consular processing for an immigrant visa and waiting it out in your home country before you can re-enter the US again. These are really your only options here. This is why I mentioned the possible idea of Zoom meetings. If waiting out the AP inside the US makes more sense, then stick with that. If leaving the country prior to AP and abandoning your AOS is necessary, then you will not be able to come back to the US until your immigrant visa is issued. You're either stuck in the US or stuck abroad unless option 1 is approved and you get AP now.

 

Best option is obviously 1 where your emergency AP is approved. However, it's not guaranteed. Try contacting USCIS and your senators, which was also mentioned before in this thread. Lots of good advice for your situation has been given. You're at the mercy of USCIS and your congressman's ability to help you get emergency AP approved, you should make that clear to your business partners. The situation is beyond your control.

 

[ManSat 2]

1 minute ago, Rocio0010 said:

Exactly. There is actually nothing wrong with applying for a b2/b2 visa while CR is pending… plenty of couples here in VJ do it. And being honest with the CBP pays off. However, that ship has sailed for OP

who are these couples? share a thread please

Did all who follow this path got it? You seem to pick up samples and assume that works 100%. Just google on Quora and other forums and see  what people say, or spend some time with an attorney, are you better than attornies?

[Rocio0010 5,635]

7 minutes ago, ManSat said:

who are these couples? share a thread please

Sure. Here you go

 

7 minutes ago, ManSat said:

Did all who follow this path got it? You seem to pick up samples and assume that works 100%.

Read. 
 

 

7 minutes ago, ManSat said:

or spend some time with an attorney

I have. That’s why I decided to do my immigration path myself. 

 

7 minutes ago, ManSat said:

are you better than attornies?

No. I’m not saying I’m better than anybody. I’m just stating what I’ve seen throughout all my years here at VJ. I have read about attorneys making BRUTAL, BEGINNER mistakes such as (but not limited to)

not sending all the forms

not notifying their clients about appointments

not sending previous divorce decrees

Just ghosting their clients overall.

I always tell people: nobody, not even the most expensive attorney cares as much about your immigration path. That’s why people have to do their own research and spend some time talking in forums like VJ before submitting any forms.

Anyhow, you do you. I’m out. Goodnight.

 

 

Edited January 5, 2022 by Rocio0010
Typo

[ManSat 2]

6 minutes ago, millefleur said:

Exactly. And in case it wasn't clear:

 

Option 2 leads to you applying via consular processing for an immigrant visa and waiting it out in your home country before you can re-enter the US again. These are really your only options here. This is why I mentioned the possible idea of Zoom meetings. If waiting out the AP inside the US makes more sense, then stick with that. If leaving the country prior to AP and abandoning your AOS is necessary, then you will not be able to come back to the US until your immigrant visa is issued. You're either stuck in the US or stuck abroad unless option 1 is approved and you get AP now.

 

Best option is obviously 1 where your emergency AP is approved. However, it's not guaranteed. Try contacting USCIS and your senators, which was also mentioned before in this thread. Lots of good advice for your situation has been given. You're at the mercy of USCIS and your congressman's ability to help you get emergency AP approved, you should make that clear to your business partners. The situation is beyond your control.

 

Thank you millefleur for the answer - appreciated.

In case emergency AP is not approved, does it mean the whole AP applicaiton failed or only trying to get it quickly? i.e. I still expect it to be processed later at. anormal pace?

[ManSat 2]

4 minutes ago, Rocio0010 said:

Sure. Here you go

 

Read. 
 

 

I do not disagree what you said about attorneys, but not all are as bad as you say, and also not all successful stories mean that thsiw works. We spnet a lot of time researching and we did hear successful stories and many not, in fact this is typical survivorship bias (Abraham  Wald).

 

 

 

[Boiler 46,103]

L1 might be possible

[Ontarkie 14,467]

1 minute ago, ManSat said:

Thank you millefleur for the answer - appreciated.

In case emergency AP is not approved, does it mean the whole AP applicaiton failed or only trying to get it quickly? i.e. I still expect it to be processed later at. anormal pace?

If emergency AP is not approved you will eventually get AP just not that fast. 

If I were you I would try to expedite your EAD (sounds like your job will continue once you're a PR) and AP along with an emergency AP. 

Why you ask, well because if your job can be done from within the US you can use severe financial loss to expedite the EAD and possibly AP. You will still want to try to get emergency AP as it still might be faster then the expedited.  I would try it all as it really can't hurt.

What I wouldn't do is leave. The way things are shutting down again it may be well over two years before you can get back to the US. That is a long time to not be with your wife and child since you won't be able to visit. She may not want to be a plane with a baby and covid either. 

With covid you can easily tell ppl Zoom meetings only as you have a newborn and will not risk it. PPL everywhere are working remotely you can make it work. 

[ManSat 2]

1 minute ago, Boiler said:

L1 might be possible

thanks!

[ManSat 2]

1 minute ago, Ontarkie said:

If emergency AP is not approved you will eventually get AP just not that fast. 

If I were you I would try to expedite your EAD (sounds like your job will continue once you're a PR) and AP along with an emergency AP. 

Why you ask, well because if your job can be done from within the US you can use severe financial loss to expedite the EAD and possibly AP. You will still want to try to get emergency AP as it still might be faster then the expedited.  I would try it all as it really can't hurt.

What I wouldn't do is leave. The way things are shutting down again it may be well over two years before you can get back to the US. That is a long time to not be with your wife and child since you won't be able to visit. She may not want to be a plane with a baby and covid either. 

With covid you can easily tell ppl Zoom meetings only as you have a newborn and will not risk it. PPL everywhere are working remotely you can make it work. 

That is good point, thank you. But for emergency AP should I present new I-131 or use same one filed? i.e. two applications or one?