Newbie Needs Help !

U

uscisconcerns

Registered Users (C)
I got married about 7 months back to my classmate of over a year. I filed for I 765 , I 130 and I 485 about a month back. I recently received my case numbers. I have a few concerns about my case. I came to the US on F1 and then I fell out of status as i was seriously ill. I could still go to school since my school was OK with it but, couldnt get back onto status. They always

1) The processing time says 11 weeks for EAD? typically how many days would it take for me to get the EAD in hand from the date of receipt.

2) I would be done with school by Summer 08 but i need to head back to europe asap due to some serious issues in my home country Can anyone help me learn if I can leave the country once i get my EAD by applying for advance parole or should i wait. I am a novice and I need help in understanding the rules. Any help would be greatly appreciated.If I can leave the country can anyone tell me as to when I should apply for Adv. Parole or if NOT what is the appropriate time to leave the country and come back

3) The Health report that was sent with my docs is dated 14th oct 2006. do u think this shud be a problem for my case? what shud i do to avoid any delay

Thank you in advance for reading my queries and trying to help me.

God Bless you

Regards

Andres
 
1) 60-90 days from the receipt date, but it could take an extra month due to delays.

2) You should not leave the country. Even with AP, if you have been notified to be "out of status" then you earned yourself a ban from re-entering the USA for 3-10 years. You can however, apply for AP, with the receipt of the I-485 right now, without paying any fee. BUT if you have accumulated more than 180 days of illegal presence (being out of status) then, if you leave you will be banned from re-entering.

3) You were not supposed to send a "health report". You needed to submit an I-693 and the supplemental form to it, filled out by an USCIS Civil Surgeon. I think they are valid for 1 year. So, you may have to get one done again as USCIS will ask you for it on a RFE (Request for Evidence) which means your case will be delayed a bit.
 
1. USCIS is mandated by law to send it within 90 days, so 11 weeks sounds about right (although if you don't get it within 90 days there's not much you can do either, except hope and complain).

2. Advance parole will take approx. the same time as EAD. You should not leave before an AP document was approved for you. I think there's an emergency AP procedure for exceptional cases.

3. Since the I-693 has to be taken within one year from filing AOS, you'll receive an RFE asking for a new medical exam. This will delay your processing and probably put your EAD and AP applications on hold until you reply to your RFE (technically, the 90 day clock even resets). To avoid a delay get another medical so you can send it right away when you get your RFE.

I think unless you have an exceptional reason, planning on going to Europe for you anytime soon is not a good idea.

Did you file for F-1 reinstatement?
 
This is how slow I am in replying ... Praetorian sends a reply, the OP answers, then "Sir" Praetorian even has time to crack a joke before I reply. Time to get my brain cells working faster.
 
OP, to expand on what Praetorian means by unlawful presence and such, 180 days of unlawful presence lead to a 3-year reentry bar if you leave the country now, and one year leads to a 10-year reentry bar.

You usually start accruing this unlawful presence when your I-94 expires, but since your does not have a defined expiration date as an F-1 (is valid for D/S = duration of status), you start accruing it when USCIS makes a determination that you're out of status. If you haven't received such notification from USCIS you should be able to leave and re-enter even if your status has expired for a while.

But, you need AP, otherwise you will be considered to have abandoned your I-485 application.

Since you need to wait for your medical RFE, and AP, and then interview, it's best for you not to travel probably until after your interview (or maybe if you have AP in hand, and already know your interview date, and you're sure you're not subject to a reentry bar).
 
austriacus said:
OP, to expand on what Praetorian means by unlawful presence and such, 180 days of unlawful presence lead to a 3-year reentry bar if you leave the country now, and one year leads to a 10-year reentry bar.

You usually start accruing this unlawful presence when your I-94 expires, but since your does not have a defined expiration date as an F-1 (is valid for D/S = duration of status), you start accruing it when USCIS makes a determination that you're out of status. If you haven't received such notification from USCIS you should be able to leave and re-enter even if your status has expired for a while.

But, you need AP, otherwise you will be considered to have abandoned your I-485 application.

Since you need to wait for your medical RFE, and AP, and then interview, it's best for you not to travel probably until after your interview (or maybe if you have AP in hand, and already know your interview date, and you're sure you're not subject to a reentry bar).
Click to expand...

Good expansion :)
 
You must log in or register to reply here.
Top