Going home whilst AOS is peending?

[drewhimself 0]

Having filed for adjustment of status (I got married and was on an F-1 student visa), my case is currently pending and I am waiting for my biometrics appointment etc. I just heard from home that my mother is very sick and I really need to go back to be with her and my Dad. I know you can apply for advanced parole but I obviously did not do this as when I filed my paperwork, she was fine.

Has anyone gone through anything like this? Is there any way I can get permission to visit home in this situation?

Any info would be greatly appreciated.

Andrew

[Clementina 1]

Andrew:

I do not know how you can do this, but I learned from an immigration lawyer once that there is one type of emergency parole that you can get in situations such as yours. It can be issued in hours/days and allow you to travel abroad and come back safely. I am in Michigan. In my case, she said that, if needed, it would be best to go in person to Detroit where the main immigration services office is located.

[Anh map 2,098]

You do not need permission to leave. However you want to be sure that your reentry is allowed. You can make an infopass appointment to apply for emergency parole or go to the office and walk in to your nearesy USCIS office. Be prepared by completing and assembling the needed form(s) and bring a check for the fee.

Best of luck.

[SuperDuper! 230]

Did you get an Advanced Parole or otherwise have permission to leave and return to the US?

Even if you have permission, you will likely get an assigned interview date/time, so you must be willing to change your air travel plans spontaneously.

Hope it all works out and family regains health back.

[JimVaPhuong 4,863]

First, let's presume your J-1 visa is not subject to the two year home residency requirement. Otherwise, you aren't eligible for either AOS or advance parole.

There are certain classes of visas that do not require advance parole, and the intending immigrant can leave and reenter the United States without abandoning their adjustment of status application. These are H, L, V, and K3 or K4. Unfortunately, J visas are not exempt. If you leave before you AOS is approved, and you don't have advance parole, your AOS application will be considered abandoned.

If your J-1 visa is still valid, and you've otherwise complied with the requirements of the J-1, then you may be able to reenter using that visa, but you'll need to start over with the AOS, which includes paying the fee again. If your J-1 visa is no longer valid then you'd have to remain in your home country and wait for the I-130 to be approved, and then pursue a CR1 visa. Unless you have to leave in the next day or two, you should try to get an emergency advance parole.

You can request an emergency advance parole by scheduling an infopass appointment at your local USCIS field office.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

The instructions say to bring the I-131 fee with you, but you shouldn't need to pay a fee if you have a pending I-485. Bring the I-797C receipt notice for the I-485 and you should be able to submit the I-131 without paying the fee. Get your passport style photos before going to the appointment.

Go here to schedule the infopass appointment:

http://infopass.uscis.gov/

[TyandAllie 17]

I'm sorry your Mother is sick Andrew, best wishes to you and your family.

[drewhimself 0]

First, let's presume your J-1 visa is not subject to the two year home residency requirement. Otherwise, you aren't eligible for either AOS or advance parole.

There are certain classes of visas that do not require advance parole, and the intending immigrant can leave and reenter the United States without abandoning their adjustment of status application. These are H, L, V, and K3 or K4. Unfortunately, J visas are not exempt. If you leave before you AOS is approved, and you don't have advance parole, your AOS application will be considered abandoned.

If your J-1 visa is still valid, and you've otherwise complied with the requirements of the J-1, then you may be able to reenter using that visa, but you'll need to start over with the AOS, which includes paying the fee again. If your J-1 visa is no longer valid then you'd have to remain in your home country and wait for the I-130 to be approved, and then pursue a CR1 visa. Unless you have to leave in the next day or two, you should try to get an emergency advance parole.

You can request an emergency advance parole by scheduling an infopass appointment at your local USCIS field office.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

The instructions say to bring the I-131 fee with you, but you shouldn't need to pay a fee if you have a pending I-485. Bring the I-797C receipt notice for the I-485 and you should be able to submit the I-131 without paying the fee. Get your passport style photos before going to the appointment.

Go here to schedule the infopass appointment:

http://infopass.uscis.gov/

Great, thanks for the info. I was actually on an F-1 visa, so I'm not subject to the home residency requirement.

The instructions for the I-131 form say that you need supporting evidence. Do you know if I need evidence in this case?

[JimVaPhuong 4,863]

Great, thanks for the info. I was actually on an F-1 visa, so I'm not subject to the home residency requirement.

The instructions for the I-131 form say that you need supporting evidence. Do you know if I need evidence in this case?

Sorry, I misread the type of visa you had.

Since you are filing based on a pending I-485, the only evidence you are required to submit is a copy of the receipt notice (I-797C) for your I-485. However, since you're asking for emergency AP, you should also bring evidence to prove the emergent nature of your request. If you can get a statement from your mom's attending physician and have it faxed to you I would imagine that would be sufficient.

[SaraDee 9]

Great, thanks for the info. I was actually on an F-1 visa, so I'm not subject to the home residency requirement.

The instructions for the I-131 form say that you need supporting evidence. Do you know if I need evidence in this case?

I'm sorry about your situation. I know how you feel. I'm in a similar position. My grandma is ill and I am waiting on getting my green card before going back to visit as I overstayed after we got married and before we applied.

All I can add is make sure that you had no prior violations to any visa you were on or any overstays. If you have done the slightest thing wrong in the eyes of USCIS you may not be granted re-entry, even with AP.

Good Luck