Any advice on what I should do?

D

djh

Member
We got approved in July, stamped in Aug and received GC's in Sept. (myself, my wife and 2 of my 3 children).

My eldest daughter received an rfe in Aug to pay for FP as she turned over 14 yrs old while we waited for approvals. We paid the fee, they issued a FP notice which she did Sept 3.

We have flights booked to New Zealand for November. She doesn't have AP.

Her status hasn't updated online from the intial RFE back in August. I've sent faxes twice to Level 1 & Level 2 and have not received any response. I've phoned through to their telephone number 949-389-3252 to inquire to hear that it is now an "emergency number" and it only allows you to leave a voice mail - which I did.

Anyone have any ideas of what my next steps should be? Seeing we are all approved and she is a derivative, can I even apply for an AP for her? Her receipt date by the way is Dec 28, 2001.


Oh and I tried to send emails through and they bounced back. I've also tried to fax the Ombudsman but that number just rings and rings and rings, never answers.
 
gettingclosernow,

I think if your daughter has some valid visa like H4 ..etc so that she can return back on that visa, in that case it should be fine. Otherwise going out of country without AP could consider abondoning Adjustment of status and could cause potential problems while entering US.

-Honeybee
 
honeybee you are right.

without Physical AP paper you can travel outside of the country. Your daughters H4 is invalid as your H1 is not valid anymore once you get your green card. She has legal status in US through her AOS. But she need AP to travel outside and comback..

Unfortunately, i heard that there is no emergecny AP feature available like EAD.

Sorry. but this is true
 
i would say go and talk to your Congressman, and let him send the request for fast processing.
this works sometimes.
 
Like mentioned earlier, your H1 is no longer valid precluding the possibility of her using a 'visa' to enter the country. The only thing keeping her in status is her AOS, which means she absolutely needs her AP to travel.

Unfortunately, eAP's are certainly not granted for emergencies let alone vacations. The best course is to pressure INS into granting a rapid FP and approval notice. A good way to do this would be to use the offices of your congressman.
 
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