DV 2015 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
AFAIK, AP for Humanitarian Reasons can only be filed if:
- You have a pending application for temporary resident status pursuant to INA section 245A, and you seek to travel abroad temporarily for urgent humanitarian reasons or in furtherance of a significant public benefit, which may include a personal or family emergency or bona fide business reasons.
- You have been granted V status in the United States, AND you seek to travel abroad for urgent humanitarian reasons or in furtherance of a significant public benefit, which may include a personal or family emergency or bona fide business reasons.
Sm1smom
Super Moderator
When you do send in your I-485 package, you have the option of filing for AP which typically takes about 2-3 months to be approved from when the package is officially received. The AP card enables you to travel out of the U.S. and return without jeopardizing your GC petition.
Hi, thanks for the info. My concern is about the recent earthquake in Nepal- family and everyone else.
Sm1smom
Super Moderator
I understand and I'm sorry about the earthquake, but you do know the AP must be approved (if you have a pending petition) before you leave? And I doubt an OPT based AP will be approved before an OPT extension petition is.
Plus once you leave, how do you plan on filing your I-485 when your CN becomes current?
hazelnutButter
Member
Your situation does seem a bit unclear from your description.
I think your best bet is to wait till you become current, submit an I-485 with an advance parole application, and then pay the fee to have the advance parole application expedited (see the page here: http://www.uscis.gov/green-card/gre...-procedures/travel-documents/emergency-travel) I've read on various forums that it is possible to get emergency advanced parole in as little as one day (though I don't have personal experience with that).
Your other option, of course, is to leave the country now and just apply from a consulate abroad through consular processing once you become current.
Good luck! And our thoughts and prayers are with your friends and family in Nepal.
faith100
New Member
Dear fellow DV Winners! In spite of what I read on some threads, I think it's high time we show heartfelt appreciation to this forum, and super moderators who have gone out of their way, busy schedules to consistently provide priceless guidance to DV winners. Many DV winners on this forum including unregistered visitors have benefited immensely from direction provided by Sm1smom and Britsimom. Take a moment to think about the precious time and energy expended by Sm1smom and Fiefia for preparing the spreadsheets that guided us through this process. In fact we could have paid hugh $$$ to seasoned attorneys and still will have gotten nowhere as most lack fundamental understanding of the process. In addition, Britsimom goes out of his way to perform CEAC data update. Like some of us they could have easily faded away after winning. So to cut long story short, to me verbal "THANK YOU" is not enough. Out of our own FREE WILL, let's show greater appreciation to them and this forum for tremendous job they continue to do. Consequently, I am proposing we identify a free donation website to make donations. To ensure transparency, the proposed website (like "GoFundMe.com") must be capable to show donations you make. I am open to ideas as to the best way to approach this. Please, pass this on to previous benefactors of this forum. I will start a new thread to discuss this.
Please note that I am the sole mastermind of this idea. Attorney Khanna or super moderators had no input but I welcome their contributions to this cause.
Kudos immigration.com!
Please note that I am the sole mastermind of this idea. Attorney Khanna or super moderators had no input but I welcome their contributions to this cause.
Kudos immigration.com!
HI,
my plan was to apply I-485 once I am current, I hope next month. and file for AP and then leave? I am not sure I am trying to get as much facts about Ap as possible. Thanks for your help means a lot
Sm1smom
Super Moderator
It helps if you quote the actual post you wish to respond to, not just the very last post on the thread. You quoted my post to respond to an issue raised by someone else, which makes your response to my post confusing.
You suggested the OP should just leave now and apply at an applicable consulate when their number becomes current. I hope you realize it's not as simple as approaching the embassy and letting them know one is current? There's an apparent process that has to be followed for a CP interview.
Sm1smom
Super Moderator
No, you cannot just leave on the basis of having submitted an AP application. The AP petition has to be approved evidenced by the issue of the AP card before you can leave, otherwise your adjustment petition would be considered abandoned:
"If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application."
). Anyway if you've already applied for the extension and it gets approved prior to departing from the U.S., then what I'm about to say doesn't apply to you. While it is technically that once the AOS petition is formally accepted by USCIS evidenced by the issuance of a NOA, it really shouldn't matter if the petitioner goes out of their current status while their petition is pending. If a person in such a situation decides to leave the U.S. for whatever reason on the basis of having an approved AP, the person may not be allowed back into the U.S. (even with a valid AP card) based on the fact that the status in which they were admitted into the U.S. has expired:
Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.
http://www.uscis.gov/green-card/gre...-procedures/travel-documents/emergency-travel
http://www.uscis.gov/green-card/gre...-procedures/travel-documents/emergency-travel
Thank you so much, this is really complicated. And yes I am filing OPT extension. Well, will have to wait for my number to be current and see if I get a green card then if all turns good in the AOS process. Thanks alot.No, you cannot just leave on the basis of having submitted an AP application. The AP petition has to be approved evidenced by the issue of the AP card before you can leave, otherwise your adjustment petition would be considered abandoned:
One other thing to bear in mind is your current status, I seem to recollect you mentioned something about applying for OPT extension which I encouraged you to do right away (and I hope I'm not confusing you with another member"If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application."
While it is technically that once the AOS petition is formally accepted by USCIS evidenced by the issuance of a NOA, it really shouldn't matter if the petitioner goes out of their current status while their petition is pending. If a person in such a situation decides to leave the U.S. for whatever reason on the basis of having an approved AP, the person may not be allowed back into the U.S. (even with a valid AP card) based on the fact that the status in which they were admitted into the U.S. has expired:
Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.
http://www.uscis.gov/green-card/gre...-procedures/travel-documents/emergency-travel
Sm1smom
Super Moderator
Congratulations once again, and thanks for coming back to thank us and show your appreciation for our support. Personally though, (and I truly appreciate the gesture behind your grand plan
), I don't think it's necessary to give us monetary rewards for the assistance we're rendering here. Every time people approach me and ask what they could possibly do to reward me for my time, I just tell them to "pay it forward"
hazelnutButter
Member
Thanks for the tip - will make sure I do that in the future.
And yes, I do - I should have been clearer. My suggestion was to go through that whole procedure. That said, I completely defer to your opinion/answer on this, of course. And thanks for your detailed comment in re: AP.
hazelnutButter
Member
I completely echo this gratitude, and thanks for the kind response, Sm1smom! Whilst I of course promise to pay it forward, if there is perhaps some charity we could donate to in your (anonymous) name as well, or anything else we could do to show our thanks, let us know!
hazelnutButter
Member
FYI to all - I had my interview at the Manhattan field office over a month ago, received an RFE and submitted it almost exactly one month ago. My lawyer dropped off an inquiry two weeks ago to no avail. He finally went in to the field office today, and spoke to a supervisor, who said that "they're having trouble receiving files from the Department of State and this has caused delay in approval of diversity lottery based green card applications."
Just FYI to everyone who applied in New York and may be experiencing delays...
Just FYI to everyone who applied in New York and may be experiencing delays...
Britsimon
Super Moderator
That's a nice idea. Moms idea of Pay it Forward is wonderful but if anyone does want to make a donation, perhaps you could support one of the charities helping in Nepal such as UNicef http://www.unicef.org/
Britsimon
Super Moderator
That is very kind of you to bring this up - and I agree entirely with Moms sentiments about Pay it Forward. If someone is determined to donate something then let us look at Nepal as I posted above or any other charity that is dear to you. Perhaps just do a good thing for someone or be nice to a stranger - because you never know , that stranger could be Mom, Susie or myself, or one of the many people that has contributed toward this incredible community resource.
adinutzyc21
Member
I'm not sure which one is the last post, but wanted to make sure y'all know if you're donating for Nepal, that Facebook is matching donations made through here. I know Unicef is for real, but there are many organizations that are getting donations which are not the most appropriate organizations to donate to, and I assume the one Facebook stands behind is vetted. And your $50 become $100!
adinutzyc21
Member
They got my application and cashed my check!
A couple of questions. How do I find out which is my ASC and FO? And I keep reading bio walk-in on the google sheet, does that mean I can just show up before they schedule the bio?
Thanks!
A couple of questions. How do I find out which is my ASC and FO? And I keep reading bio walk-in on the google sheet, does that mean I can just show up before they schedule the bio?
Thanks!