Expediting i-131 for work related reasons

[MarticaIda 1]

Hi folks, I searched hi and low and even sent private messages to people who came before me but never got an answer, so I figured I have to ask here. 

My father is in AOS process right now, he just had his biometrics done last week (walk in in Houston FO btw). He needs to travel back home soon for a number of reasons (he didn't intend to immigrate when he came to visit me in January, but he lives in Russia, while our whole extended family is in Ukraine, so going back to live in Moscow is a very very big question, therefore... Lots of unfinished business in Moscow). Anyways, he actually has pending contracts with clients and court hearing dates that he needs to attend (he's an attorney), and we need to expedite his AP. 

Could you please (as non-judgmentally as possible) give me an advice how to craft his expedite request? I understand that we don't have anything that qualifies as a true emergency (and thankful for that) but he also can't wait 9ish months for AP cause he'll lose his income.

[Boiler 45,527]

Why did he file to adjust?

 

Seems an odd choice in the circumstances

 

His reason is what it is all he can do is try.,

[MarticaIda 1]

23 minutes ago, Boiler said:

Why did he file to adjust?

 

Seems an odd choice in the circumstances

I'm sorry? What should he have done in the circumstances? Go back and live in the country which attacked his homeland like nothing happened? Being ethnical Ukrainian? He needs to go there, finish his cases, grab some of his and my mom's personal belongings and get the hell out (against my advice). 

[Boiler 45,527]

Sounds like the AP issue may be to everybody's advantage.

[MarticaIda 1]

9 minutes ago, Boiler said:

Sounds like the AP issue may be to everybody's advantage.

Unfortunately, not. His mental health is at risk, but I didn't want to touch on that. 

Edited May 31, 2022 by MarticaIda
Typo

[SalishSea 17,837]

3 hours ago, MarticaIda said:

I'm sorry? What should he have done in the circumstances? Go back and live in the country which attacked his homeland like nothing happened? Being ethnical Ukrainian? He needs to go there, finish his cases, grab some of his and my mom's personal belongings and get the hell out (against my advice). 

You can try for an expedite by explaining the situation honestly.  Unfortunately, bypassing the visa queue by adjusting status does come with the downfalls of not being able to work or travel.

 

I'm curious as to what he will do for income when he returns though, since that is your reason for requesting an AP expedite.....not sure how well that rationale works with the 8 month wait for an EAD.   If he intends to remain out of the country for the duration of the EAD processing so that he can work back home, I'd say that is a very bad idea.

Edited May 31, 2022 by Jorgedig

[MarticaIda 1]

6 hours ago, Jorgedig said:

You can try for an expedite by explaining the situation honestly.  Unfortunately, bypassing the visa queue by adjusting status does come with the downfalls of not being able to work or travel.

 

I'm curious as to what he will do for income when he returns though, since that is your reason for requesting an AP expedite.....not sure how well that rationale works with the 8 month wait for an EAD.   If he intends to remain out of the country for the duration of the EAD processing so that he can work back home, I'd say that is a very bad idea.

To your first remark : it was quite problematic and costly to get visitor visas for my parents. Russia de facto didn't have US consular presence even before the war so people had to go to other countries for interview, visitors and immigrants alike. I spent a year trying to get them an appointment somewhere after covid restrictions began to be lifted, starting with island countries by the coast of South Africa and ending with European countries. Yes, in that order, because Europe only began to accept visitors in November 2021. Let's not forget about covid vaccine - Russian one doesn't work for entry into the US, and there are only a few places in the world a person can get an approved one. So once my parents got their 3 year long B2s is Poland this January we were overjoyed and thought we were done for 3 years. They were not ready to immigrate exactly because my father is still actively working in Russia. Maybe in a few years we would have started the i130 process and they would still be able to use their visitor visas for entry meanwhile. 

Then the war started. 

 

To your second question: they were thinking of eventually renting our their flat in Moscow, or selling it to buy some investment properties in the states. Obviously none of it was done and the flat is not ready to be let without one of them going there and taking their personal belongings away. 

 

To your last bit: it has been successfully done even by members of this forum despite the usual doom and gloom proffered by the other members of this forum. People have different circumstances in life and there might be different legitimate solutions.

I respectfully asked for no judgment and now that I honestly related our whole story I would be very grateful if someone came up with ideas how to help in the present situation. 

 

[SalishSea 17,837]

1 hour ago, MarticaIda said:

To your first remark : it was quite problematic and costly to get visitor visas for my parents. Russia de facto didn't have US consular presence even before the war so people had to go to other countries for interview, visitors and immigrants alike. I spent a year trying to get them an appointment somewhere after covid restrictions began to be lifted, starting with island countries by the coast of South Africa and ending with European countries. Yes, in that order, because Europe only began to accept visitors in November 2021. Let's not forget about covid vaccine - Russian one doesn't work for entry into the US, and there are only a few places in the world a person can get an approved one. So once my parents got their 3 year long B2s is Poland this January we were overjoyed and thought we were done for 3 years. They were not ready to immigrate exactly because my father is still actively working in Russia. Maybe in a few years we would have started the i130 process and they would still be able to use their visitor visas for entry meanwhile. 

Then the war started. 

 

To your second question: they were thinking of eventually renting our their flat in Moscow, or selling it to buy some investment properties in the states. Obviously none of it was done and the flat is not ready to be let without one of them going there and taking their personal belongings away. 

 

To your last bit: it has been successfully done even by members of this forum despite the usual doom and gloom proffered by the other members of this forum. People have different circumstances in life and there might be different legitimate solutions.

I respectfully asked for no judgment and now that I honestly related our whole story I would be very grateful if someone came up with ideas how to help in the present situation. 

 

You asked for feedback, and you got some.   I offered some points you may want to consider before USCIS does.

 

There is no magic template or secret for writing a successful expedite request, because as you’ve pointed out-  everyone’s situation is unique.   You just have to be truthful.

 

Yes, others on VJ have been successful in getting AP expedited, but I have not personally seen one where the reason was so that someone adjusting on a B visa can go back to work in their country or wrap up non-emergent details.

 

good luck though.

[SteveInBostonI130 3,459]

There is a dichotomy in the circumstance for your father.  On one hand, AOS was justified because of the tense situation in Russia and possible danger heading back.  On the other hand, he needs an expedited AP...in order to head back to Russia to work.

 

Typically AP expedites are for things like sick relatives or other emergency situation back home and also when said home does not present a danger to the person.

 

You do not have to try to convince any of us here - we're just observers.  You'll need to convince USCIS. 

 

 

[MarticaIda 1]

33 minutes ago, SteveInBostonI130 said:

  On the other hand, he needs an expedited AP...in order to head back to Russia to work.

 

Typically AP expedites are for things like sick relatives or other emergency situation back home and also when said home does not present a danger to the person.

Financial hardship is one of the reasons for expedite, even for an emergency one, which we are not requesting. He's had his biometrics, he can ask for a simple expedite. He is not going there to STAY and WORK, but he has pending contracts that he needs to fulfill. It is equal to an employee of a foreign company that requires his periodic presence at meetings or going on business trips, so that the company can function and not suffer a devastating financial loss. There are three reasons to expedite and financial loss is the second one. 

[Boiler 45,527]

Nobody, I mean nobody here is saying he can not seek an expedite.

 

Let us know how it goes.

[.yana 597]

1 hour ago, MarticaIda said:

Financial hardship is one of the reasons for expedite, even for an emergency one, which we are not requesting. He's had his biometrics, he can ask for a simple expedite. He is not going there to STAY and WORK, but he has pending contracts that he needs to fulfill. It is equal to an employee of a foreign company that requires his periodic presence at meetings or going on business trips, so that the company can function and not suffer a devastating financial loss. There are three reasons to expedite and financial loss is the second one. 

Financial hardship needs to fall on the USC, not the intending immigrant.

 

But I wish your father luck! Hope it works out for him. Difficult situation, obviously hard to prepare for as lots happened fast & unexpectedly. 

[SteveInBostonI130 3,459]

The way USCIS has worded it, financial hardship is a reason for a USCIS applicant.  In this case, the applicant would be the father for both AOS and AP.  

 

Quote

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  • Timely file the benefit request, or
  • Timely respond to any requests for additional evidence;

A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

 

Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.

 

The caveat for expedite is that the need is for urgent action by USCIS, like the example of a business trip mandated by an employer which would result in job loss if the applicant was unable to travel.

 

The issue would be how to justify AOS while knowing that the applicant needed to return to his country for work,  because presumably this was considered and accepted as a consequence of adjusting.   It is not a new situation that was unforeseen.  

 

Perhaps USCIS will grant an expedite.  I've seen weak justifications get approved and seemingly strong justifications get denied.  They don't seem to be very consistent at times.  

[emiloo 4]

You can receive expedite if you can prove a big loss of income which is true in the case of your father + humanitarian reasons. Maybe it would be better to ask a lawyer to be certain but I don't think it is impossible. 

 

 

[MarticaIda 1]

7 hours ago, emiloo said:

You can receive expedite if you can prove a big loss of income which is true in the case of your father + humanitarian reasons. Maybe it would be better to ask a lawyer to be certain but I don't think it is impossible. 

Thank you for a supportive message. I did ask a lawyer, he came highly recommended, but turned out to be useless. I submitted a request on his behalf last Thursday, received a notice that it was being reviewed on Friday, and now we are just keeping our fingers and toes crossed. I will update here of the result.

Oh, and I decided to go with just one reason (financial) because I always think that one strong reason is always more convincing than a number of disjointed ones, even if in reality they are all true and valid.