About Getting AP while I-140 is pending @AAO ?

S

satgym73

Registered Users (C)
Hi Friends,

Need to know whether it can be done or not ? Thanks in advance!

Here is the situation...

Our visa's are expired in Oct '05. I filed my I-140 & I-485 concurrently in Oct 04. My I-140 is got denied due to A2P and i'd applied for MTR/Appeal and it's now @AAO waiting for decision since last 5 months. My lawyer is saying that...since my I-140 was denied, my I-485 was also denied/invalid itseems. I don't understand this...B'cos the same day when NSC people forwarded my I-140 to AAO, i got Biometrics Appointment notice for my I-485.

My wife needs to go India for her sister wedding which is on Apr 11th. She has to go April 1st week and return by May 1st week.

Now the question is that...Can i apply Advance Parole for her now ?.

If the answer is yes... can i show the wedding invitation & other documents for the proof at local INS office & get the Advance Parole (Temporary/Interim) since i don't have time to apply/e-file for her in regular way.

Please give your replies...it's very urgent.
 
Please...let me know...ASAP...this can be done or not ?

Few days back...i'd posted the same question...but didn't get any answers.
 
Right now, you have a pending MTR. You have do not have a pending I-485, which means you're not eligible for an Advance Parole (nor an EAD for that matter) at this time.

When your MTR is approved, your I-485 will be pending again, at which point you can re-apply for a new Advance Parole.
 
Okay...got the answer...Thanks!

Question: If my I-485 is not pending, then why they'd sent me the notice to give Biometrics ?. Still i'm using my A# (in other places like H1B & PERM applications).

It's totally painful that we can't go even go out of country & come back, for any good or bad occasions. We've been stuck here.
 
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