emergency advance parole

K

kk2003

Registered Users (C)
Hello,
I have applied for advance parole in Feb2003.The date of reciept of my applcation for AP at the Nebraska center is 02/26/03.
Today(05/08/03) i called up INS office twice to find out the status of my AP as it is still not approved.In my first call i was told by th IO that my case is assigned to an officer and an RFE is being issued but still not put in to mail(not posted).I asked for the reason for RFE and IO gave no information in this regard.
I called for the second time just to make sure that what i was told was correct, and found out from a different IO that my case has been assigned to an officer and is under process.No information is given regaridng the issue of RFE.I asked her twice to confirm it and was told that the case is still under process and as of now no RFE is issued!!
I just wnated to know

1)-did anybody experience the same inconsistency in case status in this regard

2)Did anyone receive an RFE for advance parole and if yes what was the reason and what all evidence need to be submitted .

3)I might have to leave the country with in next 15 days.In such a case,what am i suppossed to do to speed up the process.

4)How long does it take normally for the issue of AP once it is being assigned to an officer

any help would be greatly appreciated
 
From Experience

I just went through this one with my wife's case. In our case her AP had been approved, just forwarded on to our old address. We went to the BCIS office in Portland OR, to try to get an emergency AP because she was due to travel in about 3 weeks. Their position was that because our case was with the NSC they had no jurisidition in the case. They also did not see that this was an emergency. My guess is that they take a very literal interpretation of emergency.

Our next step was to contact the offices of both our state Senators (they very easy to deal with and very helpful). The recomendation that came out of that and our discussions with the lawyers was that we should apply to the NSC again and request an expedited approval of the case. This involves another application and fee payment. This was on 2/28 and she was due to travel on 3/12.

The strong chorus of opinion we got from our lawyer, senators officer and from this site was that she should not travel without an approved AP document in hand.

As it turned out, her original AP document got returned to the NSC and they mailed it back on 3/7 and everything worked out in the end. The second expedited AP document did not get approved until 4/1.

Now, she was not asked to show the documents when she left the country, so did she need to be carry the documents with her? This depends on your risk tollerance.

My recomendations would be to try at your BCIS office, they may help (especially if you have a real emergency), apply again to NSC, involve your Senators office and ask them to expedite. This process is too long and hard to risk screwing it up over a holiday.

She also got an RFE on her first application. Her I-485 is derivative of mine. They wanted a copy of my approved I-140 and I-485 as well as a copy of our marriage certifcate. We replied to the RFE 1/7 and they approved 1/28.

Good Luck
 
I was in smillar situation, 6 months back. My lawyer in Portland, OR told me that some local INS office do issue the emergency APs and some do not.

She told me that Portland OR doesn't do that, but I could try in Chicago. (Where I was living then). To my luck and couple of trips to Chicago INS (with a written proof of real emergency) they issued us a emergency AP.

After few weeks we did get our (regular) APs, applied earlier, approved from NSC too. Hence, now we have two APs. Don't know if that is OK.


Paulclarke1

... this info is very useful for me too. I am about to apply for a AP for my daughter. Her AP expires in Sept, but she will be leaving the country (for a short visit) in Aug, so we have three months form now.

Please advice if following docs are OK to apply with.

1) $110 Check, payable to BCIS.
2) Filled I-131 form.
3) Copy of her passport page.
4) Copy of her I-485 receipt notice.
5) Copy of my I-485 notice.
6) Copy of my I-140 approval.
7) Copy of her birthcertificate.
8) Cover letter
 
I don't thjnk that a AP is required while leaving. I left the country with showing any AP and entered back using a AP.

As such it is safe to apply and leave. Only some one here in US must collect the approved AP and then send it to you. You need it only when you come back.

PS: Not a legal advice.
 
This is risky

The very clear advise I was given was do not leave without the approval documents in hand. This came from our lawyers and the Senators office. I was told that leaving the US without approved AP could be construed by the BCIS as abandonment of the adjustment petition. Get competent advice before risking it.
 
paulclark1

It's possible I may be wrong.

Please advice if am missing any documents for AP application.

Thanks in advance.
 
List

Your list looks complete, you should also check the BCIS web site for there list of requirements (they don't mention the I-140 or other stuff though) and don't forget your ADIT style photos.
 
AP at Chicago

I recently applied for my AP renewal at Chicago. I did not send a copy of my I-140 approval since it was not listed on the checklist I got from Chicago BCIS office. Has anyone applying to Chicago BCIS for AP renewal received a RFE for this reason.
 
guys -

reading your posts makes me wonder what kind of IT system BCIS has all along. they claim to have system up grades but to approve a simple ap, rfe for more information? can't they pull up our records via our lin or a# on their system and cross match information? proabably the iios were lazy to even look it up. they want to be spoon fed every information! :mad:

their mission statement: we aim to grief your lives...:mad: :p :eek:
 
Last edited by a moderator:
Thanks guys for sharing the info...special thanks to paulclarke1 reg RFE list and redforgreen for detailed list. I'm surprised that
INS requests for I-140, I-485 & copy of marriage certificate. All this info is already with INS when we file our I-485. Anyways no point talking logic to them.

RedforGreen :
1. What kind of documents did u produce to prove real emergency?..(is it some letter from hospital/doctor et.al?) Does a fax copy do?

2. How long was the cycle time?

3. Can we directly walk into Local INS (i'm in Detroit) and apply?
 
1. What kind of documents did u produce to prove real emergency?..(is it some letter from hospital/doctor et.al?) Does a fax copy do?

>> They need two proofs

a) A fax letter from family members in India, asking me and my wife to come to India ASAP, and explaining real emergency situatation there. I also got a letter from the doctor, explaining the situation.

b) They also asked me airtickets

2. How long was the cycle time?
>>Went there in the morning, they asked me to get two above mentioned things and later in the day I got these two things and got the AP same day.

3. Can we directly walk into Local INS (i'm in Detroit) and apply?
>>I think you can for emergency. At least they allow and are sympathetic in Chicago (Dont have to stand in Q). You have to check-up in Detroit. I know that not all the local INS office issues the emergency parole.
 
Redforgreen,

We got our Advance Paroles from local INS office in Des Moines, IA.
We produced the Doctor letter that the deceased was relative and the letter mentioned our presence in India is essential.
Initially they refused to give but two days later they gave us.

They did not ask for anything more. But we took all of the above documents anyway with us.
 
Supporting documents for AP

Officially the only supporting document you need for AP renewal is a copy of I-485 receipt. I renewed my wife's and mine with just that (and of course photographs, cover letter describing need, and check). RD:Feb20, AD:Apr09.

It certainly is a matter for debate whether one should send more than the required minimum. Does it help the case or does it confuse the adjucator ? Maybe with BCIS one should err on the side of caution.

ssb
 
I guess, essentialy its emergency parole adjudicator's discretion, to evaluate the emergency and the practice may vary.
 
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