Abandonment

[ahebl 0]

What if I show them copies of 30 different $1000 plane tickets for all of my family members? I know, I can already hear the counterargument: "Why should we be forced to act because you planned poorly?"

I just never had any idea that trying to do everything correctly would take so much time and limit us so much. It's been really hard on my wife because she is so close to her family, even waiting three months for advance parole and preventing her from traveling home has been just awful.

Many of the applicants no problem staying here in the US while they wait (and I have the utmost respect and admiration for them), but what about the people who need to travel abroad regularly and on short notice? The advance parole process is an unnecessary and annoying burden. I do not understand its purpose at all whatsoever except that it gives us headaches.

God I wish there was some way to pay more money and the government would let us expedite every type of case!!

Sorry for the rant.

Edited April 8, 2008 by ahebl

[JaEnglishGirl 34]

Has anyone found anything relating to not being allowed to leave UNTIL you have AP???

I am not sure that it's not allowed....

[ahebl 0]

I'm pretty sure I've seen stuff on CIS that says leaving without it constitutes abandonment, but I'm not sure either.

Edited April 9, 2008 by ahebl

[nu7015 0]

What if I show them copies of 30 different $1000 plane tickets for all of my family members? I know, I can already hear the counterargument: "Why should we be forced to act because you planned poorly?"

I just never had any idea that trying to do everything correctly would take so much time and limit us so much. It's been really hard on my wife because she is so close to her family, even waiting three months for advance parole and preventing her from traveling home has been just awful.

Many of the applicants no problem staying here in the US while they wait (and I have the utmost respect and admiration for them), but what about the people who need to travel abroad regularly and on short notice? The advance parole process is an unnecessary and annoying burden. I do not understand its purpose at all whatsoever except that it gives us headaches.

God I wish there was some way to pay more money and the government would let us expedite every type of case!!

Sorry for the rant.

Just an FYI, my husband was turned down for emergency AP twice when he had a letter from his mother's Dr. about her kidney surgery and his sister's death certificate within a few days of her death. They said that since he had other brothers and sisters there there was no emergency for him to be there.

[ahebl 0]

Wow, if that is not a valid excuse for advance parole, then I do not know what is. Incredibly heartless.

[nu7015 0]

Wow, if that is not a valid excuse for advance parole, then I do not know what is. Incredibly heartless.

Fortunately or unfortunately, not all offices or officers respond equally. If you have a generous office or a generous officer, they will help within reason. If the office or officer wants, they can turn you down for just about any reason. I just would really hate them to know what it feels like to watch your spouse mourn his 40 year old sister's death 4,000 miles away from her and his family and to attend the funeral by cell phone.

[tom_g 3]

The worst case scenario is if she leaves the country, and the AP is lost in the post. How would you get hold of a duplicate? what if she's trapped out of the country waiting to get a new AP when the greencard interview suddenly crops up?

I reckon that you'll be fine, thoug, it'll turn up

[chelseafan 0]

On a positive note........having been though the Detroit office for AOS just last fall, I can tell you that our officer was VERY easy-going, professional without being pompous. Check out the Detroit office AOS section reviews (under Immigration Timelines....AOS... then Advanced Views). While it's possible for anyone to have a bad day.....over-all it appears that the Detroit office has more than it's share of happy, helpful people working there.

I'll send you good thoughts that your AP comes through, and then all this will be moot!

[ahebl 0]

Thanks, I know it's still pretty early in the game, but I do want to be prepared for any contingencies. I think that we should see some action on the AP in the next week or so, and if not, I am planning on contacting my US representative's office, especially if other people with a later filing date are getting their APs processed at the NBC. That should be an indication that something is wrong.

Unfortunately, we will basically have no choice if it doesn't come in time but to abandon the application, since so much money has been spent on wedding planning and family travel that this is not something we can afford to do twice or back out of. Hopefully we did apply in time.

It's good to hear that the people at Detroit are kind, since that's where we would be headed if we needed to try to get emergency AP.

Edited April 9, 2008 by ahebl

[Kez/JWolf 6]

Oh wow, so I COULD theoretically get the AP in the mail after she leaves, and then bring it to her, and with a little luck, she could get back in with it? What fact changed your response Krikit, since I asked you this yesterday and you were pretty firmly no?

Thanks again for your replies people! I really appreciate it!

DO NOT DO THAT..... SHE MUST HAVE THE AP IN HAND BEFORE SHE LEAVES THE US.... you can not just send it to her or take it to her... she need to have it with her when she leaves....

If need be make an infopass appointment at your local office and take your travel itinery with you and evidence of your wedding and ask for an emergancy AP if it is approved they can issue it that day or within a day or two....

Kez

[ahebl 0]

Yeah Kezzie, trying to get emergency AP is definitely one of the desperation steps in my plans if things don't work out. The longer I wait, first call congress,THEN try to get emergency AP, THEN think about bringing the AP to her if she leaves before it gets here and try to reenter, THEN just accept that we have to abandon the application and have a horrible life for 1 year.

God I hate this waiting!!

Edited April 9, 2008 by ahebl

[Kez/JWolf 6]

Here is the law with regard to travel befoe the AP is approved.....

(5) Abandonment of Application . The application is considered abandoned if either:

• The alien applied for admission at a port of entry prior to the decision on a Form I-131 filed on behalf of an alien who was outside the U.S. at time of filing, or

• The alien departed from the U.S. prior to the decision on the Form I-131 in a case where the alien applied for advance parole in order to depart from and return to the U.S.

Note: If the alien is an applicant for adjustment of status, departure prior to the approval of the Form I-131 also results in the adjustment application being deemed abandoned.

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

Kez

Edited April 9, 2008 by Kezzie

[ahebl 0]

Yeah, that's kind of what we all figured, but we also thought that maybe if the CBP officer isn't extremely vigilant and inquisitive, he just might let it slide.

On the other hand, a few people I have talked to have said the CBP officers ARE extremely vigilant and inquisitive when it comes to entries on AP, so I am not putting much stock in this strategy at this point, which is unfortunate, since for about 12 hours yesterday I thought we maybe had an additional desperate option. Oh well.

[Kez/JWolf 6]

Yeah, that's kind of what we all figured, but we also thought that maybe if the CBP officer isn't extremely vigilant and inquisitive, he just might let it slide.

On the other hand, a few people I have talked to have said the CBP officers ARE extremely vigilant and inquisitive when it comes to entries on AP, so I am not putting much stock in this strategy at this point, which is unfortunate, since for about 12 hours yesterday I thought we maybe had an additional desperate option. Oh well.

Sorry to have dashed your hopes.... I have tried to search for a post I remember from last year, where a spouse returned to the UK without AP because of an emergancy... they went to the US embassy in London to find out if the AP could be forwarded to them there and they were informed that they would need to apply for a spousal visa and start all over again... I cant find it just now but I will do a search later when I have more time....

Kez