EMERGENCY need help fast Mexican National

[Khadijah1 0]

Hi Im writing for my daughter cuz she cant get to a computer at the moment. My son in law has recently recieved a letter saying his I-130 had been approved and checking his status right now and it says,

Post Decision Activity

On January 18, 2013, we mailed you a notice that we have approved this I-130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State

Problem is that it went on to NVC and we have no idea how long that takes. We got a call today that his grandma is gravely ill and in the hospital. His grandma pretty much raised him after his mom died when he was really small. We need to know if theres any way for him to get an emergency exit permission or something so he may go to Mexico and return to the States afterward. He is here in California and needs to travel to Michoacan. If anyone out there knows anything on this subject please respond ASAP.

TY so very much, Kha Bakr

[squirrelisan 23]

You got NOA2 on 1/18 and you still haven't gotten a case# from the NVC yet? I hear the NVC is backed up these days, but waiting 4 months for a case# sounds very excessive.

Are they sure they didn't get a response from the NVC already, and got a case#? After NOA2, usually in 2-4 weeks (maybe a little longer) you should get an email from NVC indicating you should send the ds-3032 choice agent form. They didn't get an email from NVC yet? Check your spam filter...if not, call the NVC now and ask for a case status update.

[RomaSkirsky 6]

Hi Im writing for my daughter cuz she cant get to a computer at the moment. My son in law has recently recieved a letter saying his I-130 had been approved and checking his status right now and it says,

Post Decision Activity

On January 18, 2013, we mailed you a notice that we have approved this I-130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State

Problem is that it went on to NVC and we have no idea how long that takes. We got a call today that his grandma is gravely ill and in the hospital. His grandma pretty much raised him after his mom died when he was really small. We need to know if theres any way for him to get an emergency exit permission or something so he may go to Mexico and return to the States afterward. He is here in California and needs to travel to Michoacan. If anyone out there knows anything on this subject please respond ASAP.

TY so very much, Kha Bakr

My recommendation is that you call the NVC. I got my letter from them regarding the transfer of our case to the embassy almost a month after they had sent out our petition packet. The packet was sent to the embassy for the next process within a week of the NVC receiving our packet.

The issue is not leaving the country it's getting back in. Once he leaves the country he basically cancels his visa and would have to re-apply or could try to re-enter with his visa but could be denied entry. The only way to avoid that is to get permission to travel. There is a form i-131 form that can be mailed in to ask for permission to travel.

Here is the form: http://www.uscis.gov/files/form/i-131.pdf

It is usually used during the AOS process, but I would assume this is what you would send in to request permission to travel as this is a form which allows access to re-entry once he has left the US. There is more information on requesting permission at this link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

If you are not confident with the information on the site your best bet would be calling the USCIS with your USCIS case number to ask what you should do. They are helpful and will respond best they can or direct you to the NVC. The NVC is much harder to get in contact with. Emails are responded too in about 3 days or so, and to get them on the phone you must be prepared to call all day long until you get lucky and someone answers. You will also need you USCIS case number in order to speak to them as well. They can tell you the status of your case, where it is and any ID numbers you need for the next process.

Best of luck!

[Khadijah1 0]

You got NOA2 on 1/18 and you still haven't gotten a case# from the NVC yet? I hear the NVC is backed up these days, but waiting 4 months for a case# sounds very excessive.

Are they sure they didn't get a response from the NVC already, and got a case#? After NOA2, usually in 2-4 weeks (maybe a little longer) you should get an email from NVC indicating you should send the ds-3032 choice agent form. They didn't get an email from NVC yet? Check your spam filter...if not, call the NVC now and ask for a case status update.

yes they got the choice of agent over a month ago and they sent it in and paid some fees. So should they call the NVC or USCIS itself to ask about leaving the country on an emergency. When it says his Visa has been approved and was sent to NVC, what exactly does that mean. When my husband and I did ours it was totally different as it was DCF in Egypt so im kinda lost.

[RomaSkirsky 6]

yes they got the choice of agent over a month ago and they sent it in and paid some fees. So should they call the NVC or USCIS itself to ask about leaving the country on an emergency. When it says his Visa has been approved and was sent to NVC, what exactly does that mean. When my husband and I did ours it was totally different as it was DCF in Egypt so im kinda lost.

First I would call the USCIS as they are the ones you would have to send the i-131 form too for permission to travel. They will tell you if it is necessary for you to call the NVC regarding permission to travel.

The NVC (national visa center) is the one who will either send your case to the foreign embassy where your daughter's husband will need to do his interview, or schedule the appointment date for you and tell you where you need to go for the interview. Some people had to do their interview in Juarez, Mexico even though they were already living in the states. Others had a totally different process within the U.S. You can't be sure unless you contact the NVC or wait to receive their letter in the mail. The NVC will tell you what they're doing with your case, the status and where they'll be sending your case. If for some reason the NVC tells you that your daughter's husband would be doing his interview in Mexico, you may want to wait for him to go to mexico around the interview date time, or maybe he could go and then do his interview and return with his visa approved. Again if he is in the States now and is denied at his interview and leaves the country he will not have permission to re-enter which is why I recommend speaking with USCIS first. It's a difficult process so being lost isn't unusual and like you said it's a different process at every embassy and in every country. When all else fails it's easier to call and ask questions! :-) Best of luck-

Oh and if there's a way your daughter can go with her husband that always helps on the re-entry part when he goes through customs.

Saludos-

[NigeriaorBust 4,087]

What is his current status in the US , how did he enter and when ? Emergency travel (AP) doens't always override status issues.

[Penguin_ie 5,986]

How did you file?

If he is in the USA, like NigeriaorBust says, there may be issues using any emergency AP, even if granted.. And there is no NVC stage if he is trying to Adjust Status.

[NigeriaorBust 4,087]

He is here in California and needs to travel to Michoacan. If anyone out there knows anything on this subject please respond ASAP.

Is here here on a visa or is he doing the new waiver process in the US for illegal entry. This makes huge differences in the advise because he could leave and end up with a 10 year bar on reentry

[Khadijah1 0]

What is his current status in the US , how did he enter and when ? Emergency travel (AP) doens't always override status issues.

Hes been in the states for like 10 yrs now. He came with a coyote when he entered and im assuming he came through Tijuana or Mexicali like most who enter through the California Border.

Is here here on a visa or is he doing the new waiver process in the US for illegal entry. This makes huge differences in the advise because he could leave and end up with a 10 year bar on reentry

He was here illegally and they filed i think after the new waiver thing. The USCIS site says he has been approved and it has been sent on to NVC

[Boiler 43,721]

Then it makes no difference, he can not adjust in country anyway.

Assuming he is older than 18 and 6 months he would have to interview in CDJ and need a waiver.

Was the intention to file the I 601A?

Edited May 27, 2013 by Boiler

[Khadijah1 0]

Then it makes no difference, he can not adjust in country anyway.

Assuming he is older than 18 and 6 months he would have to interview in CDJ and need a waiver.

Was the intention to file the I 601A?

It seems to me everyone is missing the point. I just needed to know, is there any way for him to get an "EMERGENCY" pass or permission to go out to see his grandma that seems to be dying?

[Penguin_ie 5,986]

The answer is no, because of his situation. He can leave, but he will not be able to come back until a visa has been granted.

If he leaves, you can transfer his case to the embassy so he can interview there. He will be denied due to illegal entry. You then file a waiver.

[NigeriaorBust 4,087]

So you are tracking the status of an I130 or the wavier ? The new processs allows for the waiver to be preapproved so that you can more or less painless go interview and have a preapproved waiver in place.

[Boiler 43,721]

It seems to me everyone is missing the point. I just needed to know, is there any way for him to get an "EMERGENCY" pass or permission to go out to see his grandma that seems to be dying?

He does not need a pass or permission to leave the US. There are no exit controls.

He would need his Passport and a Ticket.

[Khadijah1 0]

Then it makes no difference, he can not adjust in country anyway.

Assuming he is older than 18 and 6 months he would have to interview in CDJ and need a waiver.

Was the intention to file the I 601A?

What is a I-601A?