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Need urgent help, family member is sick and I need to expedite AP

#1 felipe2121

felipe2121

    Member

  • PipPipPip


Posted 21 February 2010 - 12:55 AM

Hi to everyone, I applied for my I-130 / I-485 about 3 weeks ago and received my receipts and NOA,
I also applied for the AP Travel document. I just got a phone call stating that a close family member is in serious medical condition, my AP is still about 40 days or more out. What can I do I know there is a way to expedite the AP as I was reading through previous posts, but it dosent really say much about time frames.


Could someone please outline the procedure and timeline for an expedited AP? Also what is info pass?


Thank you so much for your help.
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#2 Scott and Mhay

Scott and Mhay

    Diamond Member



Posted 21 February 2010 - 01:26 AM

call your nearest field office and make an infopass appt. They will be able to help you out better. This is the same office that you will go to the interview for your AOS if they require it.

Or you can go here to make an infopass appt. :

http://infopass.uscis.gov/
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For our Full timeline

Posted Image


Removal of conditions Journey
16 March 2012 Sent I-751 package from Aviano AB, Italy.
29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.
30 March 2012 Sent everything out again from Aviano AB, Italy.
10 April 2012 Check cashed
17 April 2012 Received NOA1 dated 6 April.
06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

#3 felipe2121

felipe2121

    Member

  • PipPipPip


Posted 21 February 2010 - 01:43 AM

What happens once I scheduale a Info Pass Appointment? What will I have to bring to the appointment?
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#4 HeatDeath

HeatDeath

    Diamond Member



Posted 21 February 2010 - 02:57 AM

What happens once I scheduale a Info Pass Appointment? What will I have to bring to the appointment?

You will probably need some documentary evidence of the medical emergency. A faxed (or scanned and emailed) doctor's note will probably do.

If they decide at the meeting to approve the expedite, you will usually have the AP document within 24 hours. You might even be able to walk out of the meeting with it.

Edited by HeatDeath, 21 February 2010 - 02:59 AM.

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DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."
-Douglas Coupland

#5 Nik+Heather

Nik+Heather

    Blanket Stealer



Posted 21 February 2010 - 10:46 AM

Just so you know, looking at your timeline, you may incur a 3 year ban upon exiting the country if you leave, regardless of the status of your AP.

According to your timeline, you entered on May 3rd, 2009, but you didn't send in your AOS packet until 270 days later, January 28, 2010. You got your NOA even later, Feb 11. That's 284 days later - If your original stay was stamped in for only 90 days (correct me if I'm wrong - maybe you came in on a B-2 for 6 months?), then you have accumulated more than 180 days of overstay.
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K-1:
January 28, 2009: NOA1
June 4, 2009: Interview - APPROVED!!!
October 11, 2009: Wedding

AOS:
December 23, 2009: NOA1!
January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.
March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!
March 27, 2010: Green Card recieved

ROC:
March 1, 2012: Mailed ROC package
March 7, 2012: Tracking says "notice left"...after a phone call to post office.



More detailed time line in profile.

#6 HeatDeath

HeatDeath

    Diamond Member



Posted 21 February 2010 - 01:13 PM

Ooh, yikes! didn't see that at 1 in the morning. D'oh!

If you have over 180 out-of-status days, DO NOT LEAVE THE US!
I"m sorry about your relative, but if you leave with that many OOS days (WHETHER YOU HAVE AN AP OR NOT) you will get locked out for 3 years. They're very sticky about that sort of thing, and unlikely to budge, even for a dying relative.
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DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."
-Douglas Coupland

#7 felipe2121

felipe2121

    Member

  • PipPipPip


Posted 22 February 2010 - 02:11 AM

Ooh, yikes! didn't see that at 1 in the morning. D'oh!

If you have over 180 out-of-status days, DO NOT LEAVE THE US!
I"m sorry about your relative, but if you leave with that many OOS days (WHETHER YOU HAVE AN AP OR NOT) you will get locked out for 3 years. They're very sticky about that sort of thing, and unlikely to budge, even for a dying relative.



Yes I know I overstayed however, but if I have AP approved from the USCIS why would I get locked out? I ask beacuse it dosent seem to make sense since they are the ones approving it and giving permission to travel. FYI I came on a Visa Waiver
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#8 milimelo

milimelo

    Star Member



Posted 22 February 2010 - 10:40 AM

Read the Instructions for I-131 - page 3 -- clearly states what happens if you use the AP and were out of status.
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Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#9 Rebecca Jo

Rebecca Jo

    logic and proportion are dead



Posted 22 February 2010 - 11:13 AM

Yes I know I overstayed however, but if I have AP approved from the USCIS why would I get locked out? I ask beacuse it dosent seem to make sense since they are the ones approving it and giving permission to travel. FYI I came on a Visa Waiver


USCIS will give an AP document to just about anybody who files for it.

Whether or not that person should use that document is another matter.
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#10 Bobby+Umit

Bobby+Umit

    Amor Vincit Omnia



Posted 22 February 2010 - 01:02 PM

Yes I know I overstayed however, but if I have AP approved from the USCIS why would I get locked out? I ask beacuse it dosent seem to make sense since they are the ones approving it and giving permission to travel. FYI I came on a Visa Waiver



As stated - USCIS doesn't check your "overstay" status when issuing the AP (indeed, the ban does not kick in till you actually leave and attempt re-entry into the US).


Upon return, CBP is the one that processes the AP and looks at your history. If you have overstay 180+, regardless of the AP/AOS, you might be banned.

This is another reason people should not wait till to file the AOS, they should get it done prior to the I-94 expiring (or going over 180 days+ past that date)

I would recommend till you get the greencard.

BTW - this issue came up before, and the couple went to an INFOPASS to ask - was given the same things you are getting here - "don't leave"
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My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS


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