Help PLEASE!!! Death in the family :(((

[Jason96 1]

Hello All,

My wife just received notice that her father died this weekend in the Philippines, and now we are trying to figure out how we can travel there for the funeral and to be with family during this time. Presently we have filed our I-485 and we already have her Employment Authorization Document, and we have done the biometrics already, but she does not yet have a finalized status for the I-485, and thus no green card just yet. Being how our situation is, is it possible for us to contact USCIS to get a re-entry permit right away, or would it be a lengthy process? The funeral will be in 13 days, so we just don't know if we can get a re-entry permit for her or not in time. If you can please advise us in what to do in this situation, it would be greatly appreciated!!!!

Thanks so much in advance for your help!

Sincerely,

Jason

[Harpa Timsah 13,258]

Look on her EAD. Does it say "Serves as 512-L Advance Parole?" That is travel permission for the time before the I-485 is finished. She can use that as long as she didn't accrue 180 days of overstay after her I-90 expired and the time you filed AOS.

Sorry about your loss.

[Peter_Pan 661]

There is also an emergency AP.

[Jason96 1]

Look on her EAD. Does it say "Serves as 512-L Advance Parole?" That is travel permission for the time before the I-485 is finished. She can use that as long as she didn't accrue 180 days of overstay after her I-90 expired and the time you filed AOS.

Sorry about your loss.

Sadly her EAD has there that it cannot be used for a re-entry permit.

There is also an emergency AP.

Does anyone know who we are supposed to contact for an emergency Advanced Parole re-entry permit by chance?

[LIFE'SJOURNEY 970]

You will need to make an infopass and carry documents to show why you need an emergency AP. Go online to schedule an appt for the infopass, at USCIS.gov

Edited June 3, 2012 by LIFE'SJOURNEY

[VanessaTony 3,567]

Sadly her EAD has there that it cannot be used for a re-entry permit.

Does anyone know who we are supposed to contact for an emergency Advanced Parole re-entry permit by chance?

A re-entry permit and Advanced Parole (AP) are two different things but you use the same form for both which is probably why you're confused. You need to know the terms because you PAY for a re-entry permit, AP is free and she needs AP NOT a re-entry permit.

You need to fill out form I-131 for the advanced parole and mail it with the NOA1 from AOS to waive the fee. Seeing this is an emergency though I would book an infopass (or just go in to your local given it's an emergency). She will need proof of the emergency like a copy of the death certificate, or hospital record etc. They may accept her AP application there and then. They have the ability to print AP there and then but I haven't heard many cases of them doing this, typically it's just mailed out. Biometrics aren't required for AP.

I suggest that on monday you go to your local office WITH the completed AP documents in case they need them. You'll get your answers specific to your situation then and there.

Edited June 3, 2012 by Vanessa&Tony

[Harpa Timsah 13,258]

Yes, make infopass and have them issue AP.

To all those reading in the future: Please apply for AP with your AOS, even if you don't plan to use it. You never know when you will need it, and it's just foolish to add extra stress in an already stressful time.

Best of luck OP.

[Jason96 1]

You will need to make an infopass and carry documents to show why you need an emergency AP. Go online to schedule an appt for the infopass, at USCIS.gov

Thanks for that information!

When I go to the InfoPass website, it asks me to pick one of the following choices:

Please select Kind of Service you need

You need Service on a case that has already been filed

You are a new Permanent Resident and have not yet received your Permanent Resident Card

You want to file an application in person

You need information or other services

You need a form.

You are a United States Military Member, Military Retiree or a Military Dependant

So do I just say I want to file an application in person, and that is when I would as for an emergency Advanced Parole?

[LIFE'SJOURNEY 970]

Thanks for that information!

When I go to the InfoPass website, it asks me to pick one of the following choices:

Please select Kind of Service you need

You need Service on a case that has already been filed

You are a new Permanent Resident and have not yet received your Permanent Resident Card

You want to file an application in person

You need information or other services

You need a form.

You are a United States Military Member, Military Retiree or a Military Dependant

So do I just say I want to file an application in person, and that is when I would as for an emergency Advanced Parole?

[Jason96 1]

Ok, so after choosing "You need service on a case that has already been filed", here are the options I get:

You can check current case processing times to get an idea of how long your case should take.

If your case has a receipt number, you can check the status.

We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -

Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

Of the four options they give me, it seems that none of them apply for us to apply for an emergency AP. The first two indicate that if we have had a notice from USCIS, then choose one of the first two, but we have not gotten a notice from them. We already have our EAD, so there is no inquiry about that third option. Lastly, we have not filed an inquiry, so there is nothing to follow up on. So of these options, I really don't understand which choice leads us to being able to file for an emergency AP. Any thoughts or help is appreciated!

[LIFE'SJOURNEY 970]

What does this one lead too You need information or other services

[Jason96 1]

What does this one lead too You need information or other services

When I choose that option, here is what I get:

-----------

Information and Other Services

Instead of an appointment, we recommend you visit www.uscis.gov.

At this site you can -

Review fact Sheets that describe available benefits and services

Research citizenship and immigration laws and regulations

Obtain Case Status

Check current application wait times

You can also call NCSC at 1.800.375.5283

for information, assistance and a variety of other case services.

If you require additional assistance, you can make an appointment at your local office by clicking Continue.

---------

However, none of these options they give are options I can click on and continue to file something, rather it is just saying these services are available at USCIS.Gov, and to go there, so choosing that option doesn't take me any place.

[LIFE'SJOURNEY 970]

When I choose that option, here is what I get:

-----------

Information and Other Services

Instead of an appointment, we recommend you visit www.uscis.gov.

At this site you can -

Review fact Sheets that describe available benefits and services

Research citizenship and immigration laws and regulations

Obtain Case Status

Check current application wait times

You can also call NCSC at 1.800.375.5283

for information, assistance and a variety of other case services.

If you require additional assistance, you can make an appointment at your local office by clicking Continue.

---------

However, none of these options they give are options I can click on and continue to file something, rather it is just saying these services are available at USCIS.Gov, and to go there, so choosing that option doesn't take me any place.

[VanessaTony 3,567]

However, none of these options they give are options I can click on and continue to file something, rather it is just saying these services are available at USCIS.Gov, and to go there, so choosing that option doesn't take me any place.

You click continue. You are NOT filing anything. You are making an appointment. Did you not see my advice regarding just GOING? You are looking at a week or two possibly to get an INFOPASS booked. If this is an emergency just GO IN. Take her NOA1 from AOS, take the AP documents and evidence of hardship, and tell them you're there to apply for emergency AP due to a death in the family. You should be admitted.

[scott76 22]

I agree - Go into the USCIS Field Office and explain the situation.

You're wasting time plugging away on the internet for a solution. Your best bet is to talk to someone in person for this.