Urgent Help for the kind people here

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yafayez

Registered Users (C)
Hello All,

My wife needs to travel (urgent matter) in a two weeks. I am now in the process of applying for adjustment of status for her along with travel parolel (I-131) for her to pick up in the home country.

Since the time is tight, I wonder if it is possible to file I-485 without the medical examination, just for now, in order to file for I-131. In other words, will the USCIS accept the I-485 without medical examination and ask for it later. Help needed for a kind expert. Thanks
 
Medical

If you rush, you can have the medical done in 3 days assuming that there is no complications (TB positive test etc).
 
medical

I agree, my medical was done in 2 days. 2 weeks is enough to apply for 485 with medical.
 
If you are an Employment based EB3 case you MUST FILE YOUR CASE BEFORE JULY 1, 2005 or you will run into the Visa numbers being unavailable until October 2005.If that happens they WILL reject your I-485. Without the I-485 being filed YOU CAN NOT apply for AP or an EAD.

ALSO you can not apply for an AP and send it to her. SHE must have it BEFORE she leaves the US.

From Murthy.com
My AP extension and I-485 (dependent) were approved as soon as I left for India. Any advice?

Attorney Murthy : A person is allowed to attempt to enter on the AP, but there is a risk of his/her being denied entry on that AP since the AP was approved after the person had departed the U.S. If the prior AP is still valid, then one should return to the U.S. on the earlier, unexpired AP before it expires to avoid a major complication in reentering the U.S. or risk being sent back on the next flight after being put into detention - sometimes with handcuffs!

From Murthy.com
Chat User : I applied for AP. In case of emergency, can I leave for India prior to AP approval and come back to the U.S. as soon as the AP has been approved?

Attorney Murthy : As explained above, there is a risk since the CBP is allowed to deny entry to a person who attempts to enter on an AP approved after s/he already departed the U.S. The only option is for that individual to enter on the AP previously issued before that expires, to avoid being stuck at the border or being sent back on the next flight.

Also read this and see the part about you can't send her the advance parole once it is approved.
http://www.murthy.com/news/n_favint.html

Are you both on another visa like an H-1B and H-4 for her ??????? If so she can travel on that instead.

You can submit the I-485 without the medicals. No problem. Thats exactly what I did. They will send an RFE for medicals at the time they adjudicate the I-485.
 
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yafayez said:
Hello All,

My wife needs to travel (urgent matter) in a two weeks. I am now in the process of applying for adjustment of status for her along with travel parolel (I-131) for her to pick up in the home country.

Since the time is tight, I wonder if it is possible to file I-485 without the medical examination, just for now, in order to file for I-131. In other words, will the USCIS accept the I-485 without medical examination and ask for it later. Help needed for a kind expert. Thanks
Click to expand...

There might be some other problems. If the advance Parole is approved after she left the US she may have problems at Port of entry.
You can apply without medical for which you will get an RFE later.
 
I-131 form stats that one can pick up travel parole at embassy

I intend to apply for I-131 while my wife is in the states and ask USCIS to send the travel document to our embassy to pick it from there so that she can use it to enter the states. This is actually an option in the I-131 to do this. I would very much appreciate it if you could look at the I-131 form and cofirm whether or not I am correct...
 
yafayez said:
I intend to apply for I-131 while my wife is in the states and ask USCIS to send the travel document to our embassy to pick it from there so that she can use it to enter the states.

-------------USCIS will not send AP to US consulate. it is RE-ENTRY PERMIT that is applied by GC holders who can pick up RE-ENTRY PERMIT from Consulates and RE-ENTRY PERMIT can only be applied with NSC by GC holder while IN US and permit is valid for 2 years
This is actually an option in the I-131 to do this.
------------that is for RE-ENTRY PERMIT that is applied by GC holders
I would very much appreciate it if you could look at the I-131 form and cofirm whether or not I am correct...
--------- you are not correct
Click to expand...
 
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Yup Ginnu is right. THE RE-ENTRY PERMIT IS FOR people who already have green cards. They need this document to enter US if they are going to be out of the country for awhile
From the I-131 form
I. REENTRY PERMIT
If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a reentry permit. You must be physically present in the United States
when you file the application. However, a reentry permit may be sent to a U.S. embassy or consulate or epartment of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application.
You need to have
A copy of the front and back of your Form I-551,Permanent Resident Card; or
If you have not yet received your Form I-551, a copy of the biographic page(s) of your passport and a copy of the visa page showing your initial admission as a permanent resident, or other evidence that you are a permanent resident; or A copy of the Form I-797, Notice of Action,approval notice of an application for replacement of your Permanent Resident Card or temporary evidence of permanent resident status.
 
..

Both Ginnu and grunggy are correct. Your wife's best chances are having a valid visa stamp in her passport, if not, getting one at an outside consulate that she can use to enter USA.
 
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