Advance Parole for people waiting for immigrant visa

[MaxBaumgartner]

Dear All,

If a person has his I-130 approved and is waiting for an immigrant visa number to be available (which takes about 6 years), can he apply for Advance Parole so that he can still leave the US and comes back without any problem.

Would that action be considered as abandoning his application?

I was reading the application for travel document. Under advance parole document it says:
If you are in the United States you may apply for Advance Parole document if you:
* have an adjustment of status application pending which is only being
  held in abeyance because a visa number is not immediately available and
  you seek to travel abroad for bona fide business or emergent personal
  reasons.
* have an adjustment of status application pending for any other reason
  and you seek to travel abroad for emergent personal or bona fide
  business reasons.
* hold refugee or asylum status and inted to depart temporarily to apply
  for a US immigrant visa in Canada.
* seek to travel abroad temporarily for emergent personal or bona fide
  business reasons.

Does the first point and/or the second point means he can apply for Advance Parole while waiting or an immigrant visa number to become available?

Any help is greatly appreciated

[sudhas]

Hi Mark

Can you please tell me how long it took for the I-130 petition to be approved. What was the service center?

Thanks
Sudha

[sudhas]

Dear Max

Please tell us how long it took to get the I130 approved.

Which service center?

Sudha

[rjo1]

If the sponsor is a citizen the I130 and I485 can be filed together and then EAD card can be applied for. The whole process takes about 6 months I think. Service Center depends on where you live.

If the sponsor is a GC holder, then only I130 can be applied for first. They will sit on it forever as they know that priorty date for GC\'s spouse and dependents take 5 years. During the 4th year you can inquire with them for 130 or they may approve it then. Then you can file 485 and EAD etc..

[Jim Mills]

You need a pending I-485 to get an EAD and AP. What status are you currently remaining in the US under? It may be possible to travel on that without restriction.

  Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/

[witty_25]

Jim:

I got a question. I will appreciate if you can answer it.

If I-130 is applied for and approved but I-485 Visa numbers are not available. Can the person stay in US if he/she is already in US.

Before this the person is H-1B holder, loses his job but before that, his I-130 is approved. Can he stay in US in some legal visa status that depends on I-130 application (I 485 number not available as of yet).

Can he get work permit to work in the country.

Please let me know

thanks

[rjo1]

I want to hear from Jim, too.

But I think you cannot stay in the US just on 130.
You cannot work either as EAD can only be applied for when 485 is applied for and priority is current.

If your H1B is still valid even though you do not have a job, technically you have 10 days to leave, but people just look for another job.

So I think you can stay and work only on the basis of H1B.

However, I do read ads. in the paper how some lawyers claim that they can get you work permit etc.. and legalize your stay. May be you should contact them.

[ha1344]

Hi,
My brother, who is a US citizen, filed I-130 (Petition for Alien Relative) for me on April 2001 in OKC,Ok and the petition was approved by INS. Since then I\'ve got in line for a visa number! I read that if the sponsor is a US citizen, then I-130 and I-485 can be filed together and after that the person for whom the petitions have been filed can apply for EAD. I\'ve even heard that the whole process takes about 6 months.
Please tell me whether this is true or not; and if there is any way I can benefit from my I-130 petition to stay in US legally.
I currently live in the US on F1 visa and my visa will come to end in few months.
I appreciate any useful comment or information in this regard.
Thank you all

[chan50737]

 

[wxyz2001]

 

[otherside]

Hello Everyone!

Can somebody tell me how many copies of AP they received? I received 2 copies and I read that someone got 3 copies. Thanks.