AP - Does it have to be an emergency?

[SophWeb 25]

Hi there!

I have just recently applied for AOS, AP and EAD on October 20, 2010. I want to visit my family for Christmas (I miss them dearly and have two young brothers I want to spend time with!), however I know that AP typically takes 30-90 days. I need to book my flights sooner rather than later, otherwise they will be more expensive and I cannot afford to go, and I don't want to potentially have to miss my flight because my AP took too long.

I have booked an infopass for November 4, in the hopes that I can get an 'Emergency AP' so I can book my flights and not have to worry about not being approved before I'm booked to leave.

My question - my situation is not 'emergency'. Are they very strict about the situation being an emergency? I thought I would go in and explain that I hope to receive my AP before my ideal travel dates, but I need to know I will be able to leave before I feel comfortable to book the flights, since the dates are so soon.

I hoped that it wouldn't be a problem since normal APs seems to given for people who just want to visit family. The reason I need an emergency one is because the dates are so close.

Also, are they any extra fees for getting an Emergency AP? Do I need to bring a check etc?

Thanks for any help!

[Barbara J 115]

Hi there!

I have just recently applied for AOS, AP and EAD on October 20, 2010. I want to visit my family for Christmas (I miss them dearly and have two young brothers I want to spend time with!), however I know that AP typically takes 30-90 days. I need to book my flights sooner rather than later, otherwise they will be more expensive and I cannot afford to go, and I don't want to potentially have to miss my flight because my AP took too long.

I have booked an infopass for November 4, in the hopes that I can get an 'Emergency AP' so I can book my flights and not have to worry about not being approved before I'm booked to leave.

My question - my situation is not 'emergency'. Are they very strict about the situation being an emergency? I thought I would go in and explain that I hope to receive my AP before my ideal travel dates, but I need to know I will be able to leave before I feel comfortable to book the flights, since the dates are so soon.

I hoped that it wouldn't be a problem since normal APs seems to given for people who just want to visit family. The reason I need an emergency one is because the dates are so close.

Also, are they any extra fees for getting an Emergency AP? Do I need to bring a check etc?

Thanks for any help!

I am not sure if there is a fee but as this is not an emergency then I doubt you will have much luck getting and AP expedited. Just because you miss them and your brothers. I miss my family too and have 2 daughters and just sent my AOS too so your not the only one in this boat. But if you get it early then good luck to you

[Harpa Timsah 13,258]

We already had a ticket booked (his original return ticket) and we tried to get AP expedite based on monetary loss and they said our situation was serious but not dire. We had to change the ticket two or three times because we tried to guess a time when AP would be approved and it wasn't when the time came around. You an always try, but I wouldn't get your hopes up.

Sorry to be the bearer of bad news But hey, maybe it will come in time!

[Nik+Heather 121]

The user Gary and Alla has reported that they were able to expedite AP on her K-2 son due to school, so it's not unheard of for them to approve AP in an expedited fashion merely to meet your travel schedule.

[SophWeb 25]

I'm enrolled to attend College in January (which is when I'm due to receive my AP), so maybe I can go that route. Thanks so much, I've messaged that user and asked about their experience.

The user Gary and Alla has reported that they were able to expedite AP on her K-2 son due to school, so it's not unheard of for them to approve AP in an expedited fashion merely to meet your travel schedule.

[lynJer 7]

Good Luck with getting something done quicker.....I was talking with Immigration the other day and I was told by the operator you are right as long as you have filed your AOS....paid the fee of course....so you might wanna double check things from that perspective....she also said my son who is not a resident yet, can start school here in the USA the moment his AOS (from entering under visa waiver) has been submitted....because she also said that the moment your application is submitted your previous admittion status is no longer....I had to ask this question as my sons visa waiver finishes on the 14th Dec and they wouldnt be able to approve his status by then...so....she specifically said that he can start school the moment we file the AOS and that I can work, the moment I file the AOS....

I would be really interested in hearing from ANYONE who has been actually done this or who has known anyone who had trouble after doing either....

[Nik+Heather 121]

Good Luck with getting something done quicker.....I was talking with Immigration the other day and I was told by the operator you are right as long as you have filed your AOS....paid the fee of course....so you might wanna double check things from that perspective....she also said my son who is not a resident yet, can start school here in the USA the moment his AOS (from entering under visa waiver) has been submitted....because she also said that the moment your application is submitted your previous admittion status is no longer....I had to ask this question as my sons visa waiver finishes on the 14th Dec and they wouldnt be able to approve his status by then...so....she specifically said that he can start school the moment we file the AOS and that I can work, the moment I file the AOS....

I would be really interested in hearing from ANYONE who has been actually done this or who has known anyone who had trouble after doing either....

They do not retroactively approve your EAD - It has a begin date which is the same date it is APPROVED not the same date it is applied for. We don't call that 800 number the MISINFORMATION line for nothing! Sounds like they really gave you a buncha BS to me. There is a grain of truth to what the operator told you. By applying for adjustment of status, it's true that your immigration status changes to "adjustment applicant" and the length of that valid status is longer than what was set by your original admittance.

Similarly for AP, it's supposed to be approved before you leave. Sometimes they don't check that you left, sometimes the CBP officer who lets you in won't check if you left after it was approved...sometimes they do, and then you're going to be given a lot of difficulty.

Not to say that playing by the book doesn't also have it's own problems due to errors, but at least then you have a leg to stand on. If you don't follow the rules and then something goes wrong, you have NO fallback position.

[lynJer 7]

They do not retroactively approve your EAD - It has a begin date which is the same date it is APPROVED not the same date it is applied for. We don't call that 800 number the MISINFORMATION line for nothing! Sounds like they really gave you a buncha BS to me. There is a grain of truth to what the operator told you. By applying for adjustment of status, it's true that your immigration status changes to "adjustment applicant" and the length of that valid status is longer than what was set by your original admittance.

Similarly for AP, it's supposed to be approved before you leave. Sometimes they don't check that you left, sometimes the CBP officer who lets you in won't check if you left after it was approved...sometimes they do, and then you're going to be given a lot of difficulty.

Not to say that playing by the book doesn't also have it's own problems due to errors, but at least then you have a leg to stand on. If you don't follow the rules and then something goes wrong, you have NO fallback position.

and have you dealt with this first hand....because thats who I would really like to hear from....

nontheless your comments support my argument in a sort of way...thanks