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AP will not be given in Local INS office even in case of Emergency (death)

Discussion in 'General I-485 and Related Issues' started by johnkumar, Oct 30, 2003.

  1. johnkumar

    johnkumar Registered Users (C)


    My father expired on Monday and we were about to leave the country and call our lawyer and he said without AP you cannot re-enter the country and my AOS will be terminated.
    As per the Lawyer and NSC, It is possible to obtain AP in the local INS office and we went to the INS Office and they refuse to give AP as my AOS is pending with INS Texas and it is not their Jurisdiction. We have applied AP with the Texas Office and no word from them.


    Please help.
  2. plasticcard

    plasticcard Registered Users (C)

    I am very sorry for you. But most local INS offices do not issue AP.

    Did you give a change of address to TSC? If no, try in the local INS office (based on your address with TSC - if this address comes under TSC jurisdiction).

    When my grandfather expired an year back, I called TSC and they sent me the AP by Fedex within a week, but that time I was able to talk to an IIO

    Good Luck
  3. johnkumar

    johnkumar Registered Users (C)

    not possible..so far.

    My address is the same since 2 years.

    I tired to talk to IIO officer and not luck connecting to Texas but almost 8 Officer have told me to go local office and get the AP.
    I had my faxed fathers death certificate

    We went to congressmen and senators office and they had talked to the local INS office and could not produce any result.
    INS atlanta office are not willing to do anything and they have informed the congressmen and senators Office that it is not in their Jurisdiction.
  4. SRM

    SRM Registered Users (C)

    Sorry for the loss of your Dad. May his soul rest in peace.

    Humanity is first and all these laws that we make comes next.
    But it is so sad that the local office could not understand the problem. I also lost my loving Dad this year in May. At the time i already had my parole, so i managed to go. I wish you find some way. I really wish.
  5. TPillai

    TPillai Registered Users (C)

    Sorry to hear about your Father's death, my condolences.

    You can always go to India, & ask your lawyer to FedEx the AP once it has been approved. You don't need a AP to go from here, only coming back.

  6. johnkumar

    johnkumar Registered Users (C)

    did talk to the lawyer and lawyer said you have to have the AP approved before leaving the Country.

    Here is the Details and the link.

    Advance Parole
    Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

  7. rkmanam

    rkmanam Registered Users (C)

    I got emergency AP from Houston INS office

    Hi, I applied regular AP with TSC on 5/5/03 and still it is pending with INS. We recently need to travel to my home country in emergency. We went to INS office on 9/24 with following documents and local INS office issued AP within two hours.

    I submitted following documents to Houston local INS office.

    1) Doctor’s certificate (in my case my wife’s father)
    2) Proof of relation (Your passport should have your father’s name).
    3) Last used AP, if traveled with AP
    4) Your I-94
    5) INS Receipt of Pending AP with INS
    6) Driver’s license and/or Passport
    7) 2 copies of your Photographs
  8. mj_no_1

    mj_no_1 Registered Users (C)

    EAP may be possible

    John -

    Sorry to hear about your father.

    One of my friends recently (last week) got an Emergency AP. He was planning to travel to visit his brothers wedding, and the regukar AP he applied in April at TSC was pending.

    He got his EAP from the local INS office in Minneapolis (where he lives). So in theory it is definitely possible to get one. May be it varies from one local INS office to another.

  9. jaxen

    jaxen Volunteer Moderator

    Did you fly and try in a district or sub office in TSC jurisdiction. Jacksonville is 1 hr by air from atlanta... They issue emergency AP. Condolences.
    I know that you will be cursing yourself for not applying for AP in advance, but did you file a complaint for this inhuman treatment to BCIS, attorney general, media (shoot a mail to India abroad and your local newspaper)?
  10. tombaan

    tombaan Registered Users (C)


    peace be with you. i can understand the pain. my dad expired to recently and i understand the loss
  11. Edison

    Edison Registered Users (C)

    My deep Condolences on the loss of your father.

    Please try to contact local Congressman, obviously they will help you.
  12. jamborees

    jamborees Registered Users (C)

    Your lawyer can only say that you MUST have an AP before you leave the country, because it would be legally wrong for him to say otherwise. Try your best to get emergency AP, but if time is running out just GO - that is what I will do. Ask your lawyer to fedex the AP if it comes. I don't think INS will find out you left the country without AP and stop AOS process. I think all they need is to see AP when you come back. That is my belief ...
  13. gatonegro

    gatonegro Registered Users (C)

    Hi johnkumar:

    I am very sorry about your father, my sincere condolences.

    1. Your lawyer is right, you cannot travel without getting an AP first, or CIS will cancel your I-485.

    2. Atlanta most definitely is in the TSC jurisdiction.

    When we filed for an AP at TSC in mid-2002 and it did not get approved within 3+ months, we went to INS Atlanta thinking we would get an interim AP just like an iEAD for normal travel, no emergency. We were told that they would issue an AP only in case of "life threatening emergency", which we did not have, so we had tough luck.

    But I would think a father's death is emergency enough. So what you can try is go back to INS Atlanta (the Forsyth St location) and try to find someone with a little more brain.

    Who did you talk to at INS Atlanta? Who told you they will not issue an AP? The two officers that give numbered tickets right after you enter the building (basically receptionists) have IQ=0 and should be ignored. If they don't give you a ticket just tell them you have an important question you need to ask about your application, show them the AP receipt from TSC, and insist that they give you a number to wait for and talk to an officer in room 110 (I think).

    Once you have a number go to room 110 and wait for your turn. Talk to the officer, and if they still refuse to issue an AP, insist that you have a real emergency, request to talk to a supervisor, whatever. It's 10:18 AM now, you can still give it a try today.

    Good luck.
    Last edited by a moderator: Oct 31, 2003
  14. tombaan

    tombaan Registered Users (C)

    please let us know

    how this was resolved:confused:
  15. poongunranar

    poongunranar Registered Users (C)

    That is a gross understatement and is terribly wrong. In my friend's case, he was waiting for a normal H1-B extension, which, for the poor guy took more than 6 months and thinking that it may get approved at any time (since it used to take only 90 days) he left for India to get married and was not favorable to moving his marriage-date. Guess what!! Little less than 25 days after he left the US and was hoping for his H1 approval notice to be sent to him by his employer from the US, his employer is sending him a SOS saying that INS has placed a RFE saying, "On XXX, 2002, our records show that Mr. X left the United States. Therefore, we need his latest I-94 to proceed on this case." He cannot have a I-94, until he has a valid H1-B and now TSC says he needs to show a I-94 in order to get this H1-B approved. A perfect Catch-22 situation.

    To me it seemed as though TSC was waiting with the files purposefully pending and once things like these -- leaving for home-countries on an emergency -- surfaced, it seized the opportunity immediately to invalidate such applications.

    I was so surprised at the amazingly sophisticated systems they have put in place to even track a person's departure and entry into the US. This is what the Homeland Security Department wanted to establish post 9-11 and I think they have got it right even during last year.

    So, we cannot assume that BCIS will not detect JohnKumar's departure to India.

    I feel terribly sorry for your pitiable situation. What a gross human-right violation is this when wars are waged in the name of 'freedom' but a basic right to tend to emergency situations cannot be exercised without betting the entire existence of one's being in this country and the hard-earned career! I am praying for you and especially for the soul of your father who will be fondly remembered tomorrow during All Soul's Day Celebrations and in the recital of the Office of the Dead (am sure your Dad needs those from people like me who cannot add anything more to this unfolding human tragedy. Hearty condolences, dear brother...). Requiescat In Pacem (RIP).
    Last edited by a moderator: Nov 1, 2003
  16. young16

    young16 Registered Users (C)


    Thanks for your posting. It'll be very useful to those who think of traveling abroad while a case is pending.
  17. poongunranar

    poongunranar Registered Users (C)


    I agree. This guy, who was very close to getting his GC approved had a very shocking moment of his lifetime when the entire edifice of his "American dreams" came crashing all of a sudden. Now, he is working for an Indian company in Madras. He was so unprepared, that his belongings are very much stuck up here in Florida.

    So, yeah! Please do not commit the folly of your lifetime by undermining the BCIS's resolve to track the departure and arrival from/to this country. In extremis, you can always decide to either stay here or leave. But, just don't leave thinking Pollyannaishly that nothing would befall you as a result of the same.
  18. texas!!!

    texas!!! Registered Users (C)

    It is so fair!!!

    Every family is turned into a piece of paper and buried or left somewhere. Thanks to the advanced technology, the letter will not fade even after many years. It takes 7 months to get AP. I don't know if there is any difference from living in a bigger prison during that period. Look at the future green card holders, they are suffering. Look at those current green card holders. Some would want to help, while many wouldn't give it a damn. Man, we are like the sands of the beach. Together they look beautiful. But there is no individuality. If you want to settle down, you are washed away. You want to get moving, then you got wait for some guy with a wet foot to carry you into water. It may happen any time. Lucky it is tomorrow. Nobody know when if you are not lucky.
  19. tombaan

    tombaan Registered Users (C)

    one good thing

    lot of guys who never thought of metaphors or philosophers are turning to do so.
    future green card holders will definetly think of karma, life and other issues....:p
  20. texas!!!

    texas!!! Registered Users (C)

    Got AP?

    Hope John got AP and is home right now. Felt very sad about his message. Today a friend of mine went to Dallas office for AP. He applied in June. They say June cases will be approved in December. But it seems they will consider expediting cases if there is proof of emergency.

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