26 months - Advance Parole RFE - You don't have an I485 Pending

A

andreab67

Registered Users (C)
HI Guys,
another bad one from the INS, I keep calling them INS if you don't mind,
name changed but the rest is always the same.
If you recall I was complaining about my situation a while ago.
I'm a September 2002 Filer, my I-485 is pending since 26 months (26*30=780 days).
I never received Fingerprinting Notice.
I recently asked for my 3rd EAD, my 2nd will expire in February 2005.
My I-140 was approved in December 2002.
Ah, I'm a concurrent filer, I filed my I485 before my I140 was approved because of the regulation that was approved by INS in August 2002.
Now I'm in a situation where I need to fly to my Home Country. My GranMother is very ill and I would like to see her before she passes away (she is 96).
My company doen't want to apply for AP because I have H1-B extension, which is not on my passport , the DOL doesn't do it anymore so now you have to schedule appointment in the American Consolate in my Home Country.
So I apply for Advance Parole using electronic filing, I foolow the instructions, refer to the I-485 being pending and I send a letter asking for a multiple re-entry AP.
The officer sends me back a letter telling me that my Advance Parole cannot be processed because the system doesn't show me as having an I-485 pending, neither an approved I-140.
They are asking for proof of those...
Isn't all of this crazy?
They are not considering my I-485 after 26 months, not even sending a fingerprint...
And now RFE on an Advance Parole on the ground that I don't have an I-485 pending??????
And also, how they will be able in 70-120 days to send the fingerprint notice and approve my I485?
I'm without words.......

andreab67

I485 RD 09/13/2002
 
You have receipts and checked in the USCIS web site for the same. what are the status of 140 message and 485 message. If you filed then they should be there. While filing AP did you put your copies of 140 and 485 receipts ?

If not provide that bull show this is my pending case and how come my records are not available.

Try to make an appointment in local INS and meet with local officer for the help to get the AP fast as your Grand Mother's condition.

All THe best

BaSh
 
I agree with BaSh
Take copies of 485, 140, AP denial letter, proof of employment and a faxed letter from your grandmother's doctor and go to the local INS office and ask for an AP....
take care
 
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