Question about something on I-131 form. URGENT!

[JesseandMary 0]

We are sending off our adjustment of status packet, at the same time as our I-131 so that my wife can go to France to visit her family for christmas/her sister is having a baby due christmas day.

On the I-131 it says, "on a seperate piece of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. include copies of any documents you wish considered."

What should we write here? Should we explain why my wife wants to go visit her family? Can we include any medical documents of her sister's pregnancy? How do I explain how she 'qualifies for an advance parole document'?

Thanks a lot!

Hoping to send the packet off tomorrow morning or it'll be a little tight for time if she wants to see them Christmas. She hasn't seen her family in almost a year! It seems everything is against us because our printer just ran out of ink!!

-Mary and Jesse

[shirlJ831 0]

just be honest, real and to the point and include ALL reasons u think you should :0 good luck

[Dr_LHA 3]

I don't think I've ever heard of a case of AP being denied for anything other than being incorrectly filled out (e.g. not signed).

[am1996 0]

I was also curious about the statutory authority that specifies the parameters for AP applications. The statutory authority on this issue seems to be in 8 USC 1255a(B )(3)(A), which states the following:

"The Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1) and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need."

In other words, it appears that "any family need" is sufficient to allow us to qualify for AP. I also took a brief look at the cases and do not see any that would seem to conflict with the information in the above post, so it appears that USCIS has no discretion but to approve AP petitions that demonstrate such "family need" for AP.

[Dr_LHA 3]

I was also curious about the statutory authority that specifies the parameters for AP applications. The statutory authority on this issue seems to be in 8 USC 1255a(B )(3)(A), which states the following:

"The Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1) and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need."

In other words, it appears that "any family need" is sufficient to allow us to qualify for AP. I also took a brief look at the cases and do not see any that would seem to conflict with the information in the above post, so it appears that USCIS has no discretion but to approve AP petitions that demonstrate such "family need" for AP.

Yes, if you file for AP, you'll get it. Only for emergency APs are you required to provide a strong reason for needing the AP (such as death of or imminant death of a relative).

As I mentioned in my above post, I have not seen one single case of AP being denied for any reason other than an error in filling out the form.

[am1996 0]

Yes, if you file for AP, you'll get it. Only for emergency APs are you required to provide a strong reason for needing the AP (such as death of or imminant death of a relative).

As I mentioned in my above post, I have not seen one single case of AP being denied for any reason other than an error in filling out the form.

Let's not turn this into a needless debate. The fact that USCIS in the past has been lenient in granting AP's does not mean that the policy will continue. Further, even if USCIS, as an organization, continues to be lenient does not mean that individual USCIS adjudicators will follow the same policy. If the OP's adjudicator happens to read the AP statute right before he reviews his application that specifies a non-family reason for AP, the application can very easily be denied.

The best practice under the circumstances is to follow the AP statute and to state a family reason on the application (as long as you can do so truthfully, of course). There is simply no disadvantage to doing this.

Edited August 30, 2006 by am1996

[Dr_LHA 3]

am1996. I wasn't debating you, I was agreeing with you.

You want some salsa with that chip on your shoulder?

[am1996 0]

am1996. I wasn't debating you, I was agreeing with you.

You want some salsa with that chip on your shoulder?

No chips here. You just have a strange way of phrasing your agreement.

As an aside, I hate chips and salsa

[Dr_LHA 3]

Saying "Yes" is a strange way of agreeing?

[john_and_marlene 162]

I see 2 conditions in the statement for which the Attorney General shall, in accordance with regulations, permit the alien to return to the United States:

"The Attorney General shall, in accordance with regulations, permit the alien to return to the United States

after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1)

and

after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need."

______________________

The first condition is simply a brief and casual trip ... the briefness and casualness of which indicate it is just a visit and not an intention to relocate.

The second condition is a brief, but not casual trip regarding family matters.

Why is everyone only dealing with the second condition? As I read it, you can put on the I-131 application that you want to go sightseeing for 2 weeks in another country and the Attorney General shall allow it.

Edited for spelling

Edited August 30, 2006 by john_and_marlene

[Dr_LHA 3]

I'll be back on page 10.

[john_and_marlene 162]

If you want AP to visit family and friends over the Christmas season, put that as your reason. It is absolutely correct and falls under the "brief and casual trip" category. I don't see any reason that could be denied.

The circumstances that warrant the AP are:

1. Your AOS is pending.

2. You have every intent of continuing to seek permanent residence status.

3. You plan to return after a brief visit

4. The trip will be brief and casual.

5. Your domicile will remain in the U.S.

[am1996 0]

I see 2 conditions in the statement for which the Attorney General shall, in accordance with regulations, permit the alien to return to the United States:

"The Attorney General shall, in accordance with regulations, permit the alien to return to the United States

after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1)

and

after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need."

______________________

The first condition is simply a brief and casual trip ... the briefness and casualness of which indicate it is just a visit and not an intention to relocate.

The second condition is a brief, but not casual trip regarding family matters.

Why is everyone only dealing with the second condition? As I read it, you can put on the I-131 application that you want to go sightseeing for 2 weeks in another country and the Attorney General shall allow it.

Edited for spelling

This is an excellent point! I initially read the first condition as referring to something else, but I believe that your reading is EXACTLY CORRECT. Thanks for pointing it out, John.

If you want AP to visit family and friends over the Christmas season, put that as your reason. It is absolutely correct and falls under the "brief and casual trip" category. I don't see any reason that could be denied.

The circumstances that warrant the AP are:

1. Your AOS is pending.

2. You have every intent of continuing to seek permanent residence status.

3. You plan to return after a brief visit

4. The trip will be brief and casual.

5. Your domicile will remain in the U.S.

Yep, this is 100% accurate! Edited August 30, 2006 by am1996

[john_and_marlene 162]

You're being too easy today