Information on Advance Parole required Urgently, Please help!!!

[freespirit06]

Hi all ~

Excuse me for intruding into the wrong forum. This thread seems to have the maximum eye balls looking at anytime of the day or night.

My wife and kid are in India and are traveling back to US on May 18th. Their current AP expired on May 5th. I had applied for new AP back in Feb (notice date Feb 07) hoping to receive in time so I could mail it to them in India.

I haven't seen any LUD on it since Feb 09. I am worried that they may have to postpone their trip. Does the 90 day rule apply to I 131 applications? Is there something I can do to expedite this process. Any information you can share with me would be welcome.

Thanks in advance.

EB-2 (India) - Priority Date: Oct 04
I 140 Approved June 05
I 148 filed and waiting since April 05.

 

[Nadi]

Does the 90 day rule apply to I 131 applications?

There are no such rules for AP ... The only thing you can do is visit the local USCIS office ..

a year back one of my friend had applied for AP and was waiting .. meanwhile his father back home had a medical emergency. He went to the local office with all the documents etc and they gave him AP.

I guess postponing the trip would be a better idea if you do not get the AP by then.

 

[baby_mde]

Hi all ~

Excuse me for intruding into the wrong forum. This thread seems to have the maximum eye balls looking at anytime of the day or night.

My wife and kid are in India and are traveling back to US on May 18th. Their current AP expired on May 5th. I had applied for new AP back in Feb (notice date Feb 07) hoping to receive in time so I could mail it to them in India.

I haven't seen any LUD on it since Feb 09. I am worried that they may have to postpone their trip. Does the 90 day rule apply to I 131 applications? Is there something I can do to expedite this process. Any information you can share with me would be welcome.

Thanks in advance.

EB-2 (India) - Priority Date: Oct 04
I 140 Approved June 05
I 148 filed and waiting since April 05.

I think AP can not be applied when someone is outside of US. If someone wants to use AP to enter into US, AP must be applied and get it applied before he/she leaves the US. There may other types of AP that they might be issued outside but not for EB category AP.

Is your wife/kid on any other visa, like H4 or L2? If yes, get the Visa stamping in India and enter into US.

This is my knowledge. You better talk to good attorney.

 

[desi3933]

AP can be filed by another person in US

I think AP can not be applied when someone is outside of US. If someone wants to use AP to enter into US, AP must be applied and get it applied before he/she leaves the US. There may other types of AP that they might be issued outside but not for EB category AP.

Is your wife/kid on any other visa, like H4 or L2? If yes, get the Visa stamping in India and enter into US.

This is my knowledge. You better talk to good attorney.

Corrected:
One must in the USA to apply for I-131 (advance parole). The person must have a valid, unexpired advance parole document in their possession when present outside USA. This assumes that person is not maintaining valid H/L status.

 

[Nadi]

I think AP can not be applied when someone is outside of US.

Makes sense .. as 485 cannot be applied when one is outside the country.
Advance Parole is given to person to reenter the country ... but who is inside the country.

But in this case the person had applied for AP before leaving .. and they still have an AP that has expired.

I think we have to do research on this --- what does Ur attorney say ?

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If you do not apply for Advance Parole before you leave the country, you will abandon your application with the USCIS and you may not be permitted to return to the United States. (This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or their dependents in H-4 or L-2 status.)

 

[susan ward]

Hi

Your family should have returned to the USA before their advanced parole expired,

You cannot apply for a new advanced parole untill the exisiting advanced parole has expired.
Once the new advanced parole has been applied for your family should remain in the US until it is approved

Your family may well have serious problems now and recommend you speak to your immigration attorney

 

[spulla]

Hi all ~

Excuse me for intruding into the wrong forum. This thread seems to have the maximum eye balls looking at anytime of the day or night.

My wife and kid are in India and are traveling back to US on May 18th. Their current AP expired on May 5th. I had applied for new AP back in Feb (notice date Feb 07) hoping to receive in time so I could mail it to them in India.

I haven't seen any LUD on it since Feb 09. I am worried that they may have to postpone their trip. Does the 90 day rule apply to I 131 applications? Is there something I can do to expedite this process. Any information you can share with me would be welcome.

Thanks in advance.

EB-2 (India) - Priority Date: Oct 04
I 140 Approved June 05
I 148 filed and waiting since April 05.

You can write a letter to USCIS requesting to expedite if possible. You can call the customer service and get the fax number. It worked for me. I recently moved so don't have the fax number(TSC). Sorry about that.

My reason was NOT emergency but still worked. Few weeks ago I wanted to go to India to attend my bothers wedding. I applied the AP in March(ND 05 Mar). On April 10 I faxed a letter saying that it is important for us to travel to India. I did not mention any reason. They approved mine on 11 Apr and my wife's on 12th Apr. So it might work for you.

Good Luck and Take care.

 

[freespirit06]

Thanks a bunch for all your responses. I will contact USCIS first thing in morning explaining my case.

I am a faculty at a university. My H1-B has expired and I am currently on a EAD. I took the opinion of our International Faculty Advisor who is very good at these matters. She advised us that as long we have applied for a renewal AP before leaving the country, my family would have no problem travelling abroad with their valid AP.

I would cross check with her again on this.

I appreciate all your help in this regard.