Gurus, Pl help regarding Emergency Advance Parole

H

hln

Registered Users (C)
Gurus,

Please help.

Currently, our I485 is pending at CSC. RD. Aug 26th 2002. We have applied for our Advance Parole at the same time. Until today it hasn't got approved.
Due to medical emergency back home we need to go to India. My wife is planning to leave as early as Next tuesday(10/29) . I am planning to join her by November end and planning to come back on mid January 2003.
As I understand we can apply for Emergency Advance Parole in case of emergencies. I am also going to request for doctor's certificate from India on the fax.
I will really appreciate if somebody can answer these questions.

1. If one has regular Advance Parole application, pending at INS can he apply for Emergency Advance Parole at local office, in our case (Detroit).
2. How long does it takes to get Emergency AP if applied in Person (same day ?)
3. If local INS office approves our Advance Parole generally what would be the duration of the Advance Parole?
4. What are the chances of rejection. If it gets rejected does it have adverse effect on i485 processing.

Thanks in advance
 
Gurus,

Please help.

Currently, our I485 is pending at CSC. RD. Aug 26th 2002. We have applied for our Advance Parole at the same time. Until today it hasn't got approved.
Due to medical emergency back home we need to go to India. My wife is planning to leave as early as Next tuesday(10/29) . I am planning to join her by November end and planning to come back on mid January 2003.
As I understand we can apply for Emergency Advance Parole in case of emergencies. I am also going to request for doctor's certificate from India on the fax.
I will really appreciate if somebody can answer these questions.

1. If one has regular Advance Parole application, pending at INS can he apply for Emergency Advance Parole at local office, in our case (Detroit).

>>Yes, You can. If you have the I140 approved, you can go local. I know for sure if you make new application, it will work. I am not sure about the application you have already filled. Make it sure.

2. How long does it takes to get Emergency AP if applied in Person (same day ?)

>>Normally it takes 14 days. It depend on the processing time at that LOCAL INS. But i know in case of emergency, they issue it right away. You have to show the paper of emergency, like medical etc

3. If local INS office approves our Advance Parole generally what would be the duration of the Advance Parole?
>>1 Year. Just like you service center INS.

4. What are the chances of rejection. If it gets rejected does it have adverse effect on i485 processing.

>>>No chance of rejection. If you have the I140 approved. Only thing I am confused that You have filled at service center. When you show them that receipt, they might say you come after 3 months since you applied. If it already 3 months, I think you would be fine. You can even file a new one, without even mentioning that you have one pending at Service center. Only thing you will loose some money.

I am not a lawer. Make sure with your lawer.

Thanks in advance
 
Thanks

Thanks for answering my questions.

My I140 is not approved yet. My lawyer filed for I140 and I485 together as per the new rule.
As per your reply does it mean that I will not be able to obtain Advance Parole in person until my I140 is approved?

Thanks
 
hln

Yes. Not from local INS if I140 did not get approved. Howvere you might be able to get it from Service Center before the approval of I140. Some people get their I140 approved less than two months time who filed concurrently. So you have to wait. You can always give it a shot at Local INS. However, I firmly beleive, you wont.
I personaly know about mu Local INS at MN. Also I heard more cases like that. There is a separate thread for concurrent filing, go throu that.
 
HLN

I had the same situation and I am in Detroit. Our I 485 is with Nebraska and detroit office asked us to file with service center only. We tried for emergency parole by showing a notarized well-typed (not hand-written) medical certificate. The officer rejected stating it is not serious enough. They give emergency paroles only in extreme situations. It is your responsibility to convince the officer.

I then mailed the form to Neb service center attaching the same medical letter and a cover letter that highlighted the urgency and other usual info. I also wrote on the letter 'expedite request'. The parole was approved in 2 weeks.

Not sure how CSC would react to a similar request.

Situation is a little different from you as the above was for my wife and she is on H4.

As far as I know (I may be wrong) you should request for AP only from the office where you have your I 485. In case of true emergencies that you can fully provide proof on, the local office should give you in a day or two.
 
Thank a lot for your reply.

From the above reply looks like we have only one option, that is to wait for the approval of our regular AP filed in CSC on Aug 23rd 2002
Does anybody know, currently how long it takes to approve regular AP in California center?
Can somebody post their recent AP approvals please?

Thanks
 
You can check the processing times for APs on rupnet.com.

As I said, you can still take a shot with CSC and write to them a separate letter giving copies of your emergency situation and highlight the same. Also, it may help to call them up after the letter reaches them so you can explain them the situation. You may want to attach a copy of your AP receipt notice. I didn't check CSC but it is taking 2-3 months for a normal AP to process in INS Neb. So yours must be fairly close.

Be careful not to have too many floating parole apps. I heard INS processes each app as they receive and they may revoke the earlier issued one.
 
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