I-131, AP will not be given in Local INS office even in case of Emergency (death)

J

johnkumar

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



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.

http://www.immigration.gov/graphics/services/emergency/index.htm

Please help.
404-386-0597
 
I am sorry to hear about your father. Try thru local congressman or senator. I am sure INS local office will issue the emergency AP
 
Not possible.

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.
 
johnkumar

what you currently use to work - H1 or EAD?

incase your h1 is expired and using EAD then when did your h1 expired and when did you file your labor

in worst case scenario you should check with your lawyer to transfer your i485 from here to consular processing. in this case you can safely move out and wait in your country until your greencard is approved thru consular processing.
 
Sorry to hear about this. I had the same experience at Santa Ana office in California. They said that my file was under the jurisdiction of California service center at Laguna Niguel, therefore they could not do anything about it. I called National Service Center and they told me to send an emergency expedite request to California Service Center and after that the expected wait time is 30 days. It just sucks .... I fail to understand the meaning of these archaic laws.

I think the best option for you may be to go for Consular processing.

If you decide to send an emergency expedite, include supporting documentation and a pre-paid return FedEx with it.
 
You can try this way

if the emergency AP approval time from CSC is 30 days, then you can go to India and ask your friend to check mail for AP and ask him to send it to India once he get it.

One more my2cents..
Please here afterwards when you apply/renew EAD also apply/renew for AP too. You will have peace of mind. People just apply for EAd and think that an emergency situation will not occur. To be on safer side, Just spend some $110 or $120 and file the AP along with EAD. I did file EAD and AP and I am renewing the same again. I wish you get ur AP's soon.
 
johnkumar -

sorry to hear about your father. my thoughts are with you in this difficult time.

aravind741 -

hi. a while ago, i read somewhere in this forum that leaving before AP is approved is very risky. when one leaves the country, I-94 needs to be surrendered to the airlines agent, and I think USCIS can use it to tracking coming/going on AOS applicants.

it's a gamble but it may be the only option given the difficulty of evening obtaining the emergency AP. in any case, i recommend that you call Murthy or Rajiv to discuss this matter at once.
 
Originally posted by aravind741
if the emergency AP approval time from CSC is 30 days, then you can go to India and ask your friend to check mail for AP and ask him to send it to India once he get it.
Click to expand...

Do not do that. You should not leave the country before approval of AP. If you leave before that office at POE may cause you problem. The best way is to apply H1 in Premium (May be 7th the year) while coming back you can get it stamped. They may not approve H1 transfer but it will be new H1.
Ask some attorney also.


I Feel sorry for you man.
 
Hi
I can feel for u as I lost my father in jan 2003 and had to leave the country I had my H1B and 485 pending.I think the best bet for u as mentioned earlier is to apply for premium processing for ur H and get it stamped in India.
I wish u all the luck and pray to got to help u and ur family to cope up with the loss May god rest his soul in peace
 
You must log in or register to reply here.
Top