Bereavement leave after applying I485, I765, and I131

[LStout 8]

Hello VJ family!

 

Unfortunately mother in law has passed away. We submitted for the emergency AP on the I131 whilst she was still alive but unfortunately the time has come and now things are set in motion. My wife has to get on a plane tonight to make the cremation and the long weekend did not help in this process.

 

Any tips and tricks to get the letter quicker? We've called the USCIS this morning already and got through to talk to a person with the "lost receipt" trick, but they were unable to help more than just relaying the message on to our field office.

 

Does a trip to the field office help move things along?

 

Any help will be GREATLY appreciated. Thank you.

 

EDIT: My first post here so please let me know if I need to do anything else.

Edited July 5, 2022 by LStout
first post

[Verrou 1,962]

call uscis and asked to speak  tier 2 agent  ( the one who answered the call is usually tier 1 ) + make info pass appointment and said that this is emergency

 

u can try to go to field office, u might get lucky or not. certain field office refuse to let you in, if you dont have " info pass appointment"

 

[Boiler 45,510]

Presumably you are aware of the consequences

[Timona 4,207]

A call back from tier 2 will come after 2 weeks or may never come at all. I doubt if that will be helpful for you guys.

 

I don't think FO will let you walk in nor will be helpful. 

 

Your wife leaves, she will have to start the process afresh from her home country, 1.5+ years from date of filing before she steps back in US. She cannot sneak back in US with any  unexpired visa, be it B-2 etc

 

Having said that, you have 2 choices: 

1. Wait for her AP to be issued, which may be close depending on when you filed. This timeframe is shorter than (2) below. 

2. Leave and start a fresh, whose timeline I've mentioned in a paragraph above. 

 

 

But since you said she's leaving tonight, I guess you are ready for the consequences. 

Edited July 5, 2022 by Timona

[arken 4,197]

57 minutes ago, Misscloud said:

call uscis and asked to speak  tier 2 agent  ( the one who answered the call is usually tier 1 ) + make info pass appointment and said that this is emergency

This.

 

As said, call them up again and ask for the infopass (don't ask for expediting AP) for emergency travel due to death of a parent. They may or may not be able to accomodate the info pass today where she could get the AP right there but keep trying. This is the only way before she gets stuck in her home country for another 1+ years.

[pushbrk 12,883]

Has she done the biometrics for the AP and EAD yet?  If she has, she will only have to stay out of the USA until the AP is complete and you send it to her.  Or, you can request it sent to a Consulate near her. No biometrics yet.  Different story.

 

 

[powerpuff 6,697]

~~ Topic moved to CR1/IR1 forum to Working & Traveling during US Immigration ~~

[Letspaintcookies 2,310]

1 hour ago, pushbrk said:

Has she done the biometrics for the AP and EAD yet?  If she has, she will only have to stay out of the USA until the AP is complete and you send it to her.  Or, you can request it sent to a Consulate near her. No biometrics yet.  Different story.

 

 

That's the first time I hear that. I always only read that one has to have the AP approved before leaving. Different from the re-entry permit where leaving after biometrics is possible. 

[arken 4,197]

1 hour ago, Letspaintcookies said:

That's the first time I hear that. I always only read that one has to have the AP approved before leaving. Different from the re-entry permit where leaving after biometrics is possible. 

Correct. There are few exceptions even for AP applicants but none applies to OP's wife.

 

2 hours ago, pushbrk said:

Has she done the biometrics for the AP and EAD yet?  If she has, she will only have to stay out of the USA until the AP is complete and you send it to her.  Or, you can request it sent to a Consulate near her. No biometrics yet.  Different story.

 

 

These apply for some categories but not to OP's wife. The pending AP and subsequent i485 will both be considered abandoned if she leaves US before AP is approved. 

 

 

Edited July 6, 2022 by arken

[pushbrk 12,883]

5 hours ago, arken said:

Correct. There are few exceptions even for AP applicants but none applies to OP's wife.

 

These apply for some categories but not to OP's wife. The pending AP and subsequent i485 will both be considered abandoned if she leaves US before AP is approved. 

 

 

In practice, she could re-enter once AP is approved, but it will not be approved if she leaves before biometrics.  I know of one case where a politician got the woman back in, even though she left before biometrics.  

 

Either way, before or after biometrics is an important detail we don't know about yet.  AND..I'd like to see the source to go with your assertions, as your assertions don't match my real life experience.

 

Sometimes these are just misinterpretations.

Edited July 6, 2022 by pushbrk

[arken 4,197]

4 hours ago, pushbrk said:

AND..I'd like to see the source to go with your assertions,

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents
 

Advance parole is most commonly used when someone has a pending:

• Form I-485, Application to Register Permanent Residence or to Adjust Status: If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses.

 

https://www.uscis.gov/i-131
If you file this form to request an advance parole document and depart the United States without having an advance parole document that is valid for the entire time you are abroad, we will consider your Form I-131 abandoned.

There was a policy memorandum in 2019 from uscis, it's buried somewhere, but it's somewhere where few revisions were the situations where one can travel before having AP in hand.

1. i131 and i485 of AOS applicants on valid H1/L1 and such dual intent non immigrant visas won't get denied if travelled abroad while AP is pending.

2. If one has a valid soon to expire  AP but has a new pending AP application, it won't be denied if traveled during the first valid AP period.

 

 

The U.S. Citizenship and Immigration Services (USCIS) has recently updated its policy regarding overseas travel for applicants with a pending Form I-131 Application for Travel Document. As of March 2019, USCIS will not deny a pending renewal of an application for advance parole because of an individual’s travel overseas, so long as the applicant has a current, unexpired advance parole document, and so long as that document is still valid through the date of the applicant’s return to the U.S. A pending Form I-131 will be denied, however, if the applicant does not have a valid advance parole document when he or she leaves the United States, or if an advance parole document that was valid expires while the applicant is traveling outside of the country. Learn about travel while an application for advance parole is pending.

 

 

 

[pushbrk 12,883]

1 hour ago, arken said:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents
 

Advance parole is most commonly used when someone has a pending:

• Form I-485, Application to Register Permanent Residence or to Adjust Status: If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses.

 

https://www.uscis.gov/i-131
If you file this form to request an advance parole document and depart the United States without having an advance parole document that is valid for the entire time you are abroad, we will consider your Form I-131 abandoned.

There was a policy memorandum in 2019 from uscis, it's buried somewhere, but it's somewhere where few revisions were the situations where one can travel before having AP in hand.

1. i131 and i485 of AOS applicants on valid H1/L1 and such dual intent non immigrant visas won't get denied if travelled abroad while AP is pending.

2. If one has a valid soon to expire  AP but has a new pending AP application, it won't be denied if traveled during the first valid AP period.

 

 

The U.S. Citizenship and Immigration Services (USCIS) has recently updated its policy regarding overseas travel for applicants with a pending Form I-131 Application for Travel Document. As of March 2019, USCIS will not deny a pending renewal of an application for advance parole because of an individual’s travel overseas, so long as the applicant has a current, unexpired advance parole document, and so long as that document is still valid through the date of the applicant’s return to the U.S. A pending Form I-131 will be denied, however, if the applicant does not have a valid advance parole document when he or she leaves the United States, or if an advance parole document that was valid expires while the applicant is traveling outside of the country. Learn about travel while an application for advance parole is pending.

 

 

 

Thanks for the reference.  It's for what USCIS will do.  It is not what actually happens when a valid Advance Parole document is presented upon entry.  USCIS may or may not know when or if the applicant left the USA at all.  In actual practice, what almost always happens is what I said would happen, if departure is after biometrics and return is with a valid Advance Parole card.

[Timona 4,207]

Updates? @LStout

[LStout 8]

Hello all,

 

Thanks for the comments, tips, and help, it is greatly appreciated. We decided to go to the Denver field office and ask them directly. Everybody there, from Security to the Supervisor we spoke too were very helpful and understanding.

 

For the update, we got an emergency AP letter as a discretionary benefit from the Supervisor and team there at the field office. There are no instructions on the website for this... Basically it was us going there in person, with our A# and documents, and telling them the story of why we are there and what we wanted to do. The process was standard from there for them and flowed quite well. The officer interviewed us and asked us some questions. We filled out another I131 in person and handed over a passport photo for the final letter. The letter did have an expiration date but at least my wife was allowed to travel to her mother's cremation.

 

Kudos to all of you for the help and all the Denver field office staff we interacted with. Very happy with the result.

 

If you have any questions, please let me know.

 

Thank you!

LStout

[beloved_dingo 1,976]

48 minutes ago, LStout said:

Hello all,

 

Thanks for the comments, tips, and help, it is greatly appreciated. We decided to go to the Denver field office and ask them directly. Everybody there, from Security to the Supervisor we spoke too were very helpful and understanding.

 

For the update, we got an emergency AP letter as a discretionary benefit from the Supervisor and team there at the field office. There are no instructions on the website for this... Basically it was us going there in person, with our A# and documents, and telling them the story of why we are there and what we wanted to do. The process was standard from there for them and flowed quite well. The officer interviewed us and asked us some questions. We filled out another I131 in person and handed over a passport photo for the final letter. The letter did have an expiration date but at least my wife was allowed to travel to her mother's cremation.

 

Kudos to all of you for the help and all the Denver field office staff we interacted with. Very happy with the result.

 

If you have any questions, please let me know.

 

Thank you!

LStout

That's wonderful news! So sorry for your wife's loss, but I hope this gives her some peace of mind.