Re-Entry Permit

[schoolsterz123 0]

Hello,

My husband and I mailed all of our paperwork on Friday, 8/1/2014 to the Chicago Lockbox for his adjustment of status. With our paperwork we also filed I-131 requesting a Re-Entry Permit as he will need to go back to Costa Rica for a couple weeks out of the year to visit his family. Would this most likely be available by November?

Thank you!

[Caryh 5,206]

The employment authorization and advanced parole normally take 2 to 3 months. So you're going to be close if they keep to typical schedules. If you're planning to buy tickets, you'd be best served buying tickets that allow you to change the date with a small fee, just as insurance.

[schoolsterz123 0]

We didn't apply for the Advance Parol document, only the Re-Entry permit. Should we send a new I-131 requesting Advance Parol instead?

[Hypnos 6,576]

Only LPRs can obtain a re-entry permit; you should have applied for Advance Parole, and so any application you have made for a re-entry permit is likely going to be denied.

You should file a fresh I-131 application, this time seeking Advance Parole.

[Caryh 5,206]

We didn't apply for the Advance Parol document, only the Re-Entry permit. Should we send a new I-131 requesting Advance Parol instead?

The Advanced Parole and Employment Authorization are free with the AOS. I thought you just mistakenly named the document. To get them free now, you'll need to mail them with a copy of the AOS NOA1. And yes you really need to do that, as Hypnos mentioned, there is no re-entry permit option for those without a green card. Leaving without advance parole activates abandonment of the AOS green card application.

[schoolsterz123 0]

The only reason we didn't apply for that initially is because he just wants it to visit his family. In the instructions it says that people who have "urgent humanitarian reasons" can apply for an Advance Parole Document. Would him visiting his family be an acceptable reason?

[Hypnos 6,576]

"Urgent humanitarian reasons" is about Humanitarian Advance Parole; you would be applying for normal Advance Parole, which is what someone with a pending I-485 would use for routine travel to other countries for business or pleasure whilst their applications were being processed.