AOS pending, needing emergency AP

[meowmix66 3]

Hey everyone,

So we filed for my I-485, I-130, and I-785 back in May. I received my work authorization in mid-August. I did not file for an Advanced Parole at that time because i was told by numerous IO's that you can only apply for advanced parole if there is a serious issue you need to attend to. The lawyer we consulted also advised against even applying for it. So, after numerous calls to USCIS about what constitutes being approved for an AP, finally one IO just said "you should have applied for it in the very beginning, so just go ahead and apply for it now". I sent away all the relevant documentation, photos, application for I-131 on September 2nd and requested an expedite. Well, now it's September 18th and no NOA, receipt, anything stating that USCIS has received my application. I've called the 1-800 # about 45 times in the span of three days. They don't have it, it's not been updated in the system, etc ect. I was told by one IO that since it didn't accompany a cheque (I had already paid the filing fee for I-485 back in May and included these receipts) they don't prioritize it. Sweet, so he just confirmed that money is their priority. Glad to assist....

Anyways, I would constitute my situation as an emergency. I found a lump in my breast, and would like to have it examined by my doctor. I use a woman's health clinic in my home city (just across the border, short drive from where I reside in the US) and have made an appointment and they have sent me a letter to show immigration. I don't have medical care in the US, can't really afford it until I find employment, and would prefer to have it handled in Canada where at least I can stay for any treatment I may need and not incur ridiculous costs, the clinic I use does not charge for any services, at all, ever. So I went ahead and booked an INFOPASS appointment, but the soonest I could get was 2 weeks from now. A few of the IO I spoke with suggested that just walk into the Seattle field office and explain my situation, the emergency nature, and show my INFOPASS appointment letter to prove that I have made a future appointment. A few of the other IO I spoke with deemed that this wasn't an emergency, and pretty much "oh well". Which is typical given the political climate in the US and how some view woman's health care, so I wasn't surprised. I know mostly it's "life or death" however, most of my family back home is dead anyways, so I beat them to the punch.

Has anyone had to file an emergency AP (literally, I just need to go to Canada for the day) for an emergency for themselves? All I can find is family-based emergencies, like a parent or grandparent is sick... am I not enough to consider I may have an emergency? Or am I not allowed to have a crisis, only a family member? Any thoughts, suggestions would be appreciated.

[arken 4,197]

First of all, your, that lawyer was an ###. You don't need any emergency reason to apply for AP when you are adjusting based on marriage or employment or other certain path. Those sort of reasoning are needed only when applying for AP through TPS or similar applications.

Fees for i131 and EAD are waived when applied concurrently with i485. Since you did not include i131 at that time, you have to include i131 fee now. What you paid during i485 application was for i485 only and not for EAD and/or i131. Don't get mad at USCIS as nobody would do nothing without getting money...

USCIS sometimes rejects and returns back the whole packet if the fee is not included. If so, you should have received back your application, not sure why you haven't received the application back or any notice. I guess it's better to call USCIS again and ask them if you can send your i131 fee or if they want you to send whole application again with the fee. I guess you might wanna send the whole application again with the fee so that you don't even wait till USCIS returns your package back.

[Dave&Roza 748]

Since you would be doing a land crossing into Canada, you could go to the border and see if the CBP would grant you the ability to leave the US and return for that day. Otherwise go to the local USCIS office and see if you can get AP issued. This is one reason it is always recommended that a person filing for AOS file for both the EAD and AP as you would have no issues as the AP would have been issued with your EAD. The AP is still free. All you need to do is include a copy of your I-485's NOA (I-797C) with the I-131 application.

Unfortunately when dealing with the USCIS, it takes a lot of time.

Good luck,

Dave

[meowmix66 3]

First of all, your, that lawyer was an ###. You don't need any emergency reason to apply for AP when you are adjusting based on marriage or employment or other certain path. Those sort of reasoning are needed only when applying for AP through TPS or similar applications.

Fees for i131 and EAD are waived when applied concurrently with i485. Since you did not include i131 at that time, you have to include i131 fee now. What you paid during i485 application was for i485 only and not for EAD and/or i131. Don't get mad at USCIS as nobody would do nothing without getting money.. .

USCIS sometimes rejects and returns back the whole packet if the fee is not included. If so, you should have received back your application, not sure why you haven't received the application back or any notice. I guess it's better to call USCIS again and ask them if you can send your i131 fee or if they want you to send whole application again with the fee. I guess you might wanna send the whole application again with the fee so that you don't even wait till USCIS returns your package back.

Yeah, that lawyer gave ridiculous advice. Ended up that I did all the paperwork and nothing was amiss....

I did speak with USCIS and they said I don't have to pay any fee as my I-485 is paid for and still processing, so it was fine to send my I-131 afterwards, I just included the receipt for the I-485.

[KayDeeCee 4,893]

Fees for i131 and EAD are waived when applied concurrently with i485. Since you did not include i131 at that time, you have to include i131 fee now. What you paid during i485 application was for i485 only and not for EAD and/or i131. Don't get mad at USCIS as nobody would do nothing without getting money.. .

This is incorrect information. The fees for the I-765 and I-131 are waived when filed with a pending I-485. They do not have to be filed concurrently in order for the fees to be waived. If you read the instructions for those forms, it will tell you to include a copy of the I-485 filing receipt notice. States it on the USCIS page where you download the I-485 too.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[meowmix66 3]

Yeah, so I got a text late this afternoon stating they've rec'vd my I-131 and its in process. So that's a plus. I'll take the email with me when I walk into the field office.

Anyone have any experience with emergency AP when you are the emergency?

[meowmix66 3]

This is incorrect information. The fees for the I-765 and I-131 are waived when filed with a pending I-485. They do not have to be filed concurrently in order for the fees to be waived. If you read the instructions for those forms, it will tell you to include a copy of the I-485 filing receipt notice. States it on the USCIS page where you download the I-485 too.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

I'm adjusting my status based on marriage to a US citizen. Does that count for family-based?

[Unidentified 2,930]

Yeah, so I got a text late this afternoon stating they've rec'vd my I-131 and its in process. So that's a plus. I'll take the email with me when I walk into the field office.

Anyone have any experience with emergency AP when you are the emergency?

Since it's an emergency AP I would go directly to the USCIS office and get it there, it takes about an hour. I've done it when I needed to go home to my dying father. Not sure if they're going to agree that it's an emergency since you technically could have it handled in the US but it's definitely worth a try!

You do not need an info pass, you just go to the USCIS office and tell them you want to apply for an Emergency AP.

You will need:

Proof (maybe you can have your doctor write you some kind of note stating you found a lump and that it's urgent?)

Your AOS case number

2 passport photos

A cheque of $360 (unless your current AP has been put into the system then I don't think you have to pay the fee)

[Unidentified 2,930]

I'm adjusting my status based on marriage to a US citizen. Does that count for family-based?

Yes it does

[KayDeeCee 4,893]

I'm adjusting my status based on marriage to a US citizen. Does that count for family-based?

It is a family-based AOS, but you are not adjusting from a family-based K visa, correct? What visa did you enter the US with that you are adjusting status from? That determines what forms you need to file(those adjusting from a K visa do not file an I-130) and other requirements. Things differ a bit between adjusting from a family-based visa and other visa types.

[meowmix66 3]

Since it's an emergency AP I would go directly to the USCIS office and get it there, it takes about an hour. I've done it when I needed to go home to my dying father. Not sure if they're going to agree that it's an emergency since you technically could have it handled in the US but it's definitely worth a try!

You do not need an info pass, you just go to the USCIS office and tell them you want to apply for an Emergency AP.

You will need:

Proof (maybe you can have your doctor write you some kind of note stating you found a lump and that it's urgent?)

Your AOS case number

2 passport photos

A cheque of $360 (unless your current AP has been put into the system then I don't think you have to pay the fee)

Yeah I'm just gonna risk it and go in, see what happens. I could go to doctor in US, but then I'd have to pay and depending on the outcome I might have to pay more. I don't pay for anything at my clinic in Canada (any Americans can even go there, they are funded by donations and are a feminist organization) and they have my files. I don't think ethically I should have to use American medical services which I would have to pay for when I can use services in my home country. I hope the IO sees the ethical and immediate nature of it.

[Unidentified 2,930]

I really hope they give you the Emergency AP and I hope the lump turns out to be a false alarm!

[Carla V 43]

OMG I understand you perfectly, I came to my home country to check similar situations, thank God everything is ok... My last resort was also go in Texas, but was really expensive.... onethink you could do meanwhile is find out if thereis any place closer where you live where they give discounts for out of pocket payment, a woman health center... where an ob can check it out... Blessings and hoping everything turn out to be nothing.

[Transborderwife 4,666]

Please tell me that you aren't planning on using your provincial healthcare. That was abandoned once you started to reside in the usa ethically and legally.