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EMMAUK

Advanced Parole

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I just have a quick question I'm hoping someone could help me with …

We have sent in our i-130 and i-485 and about a month ago we received an email saying that we are in Testing and Interview, but I need to travel back to the UK in January 2015 for a court case and as does my USC partner to give evidence. I was wondering wether I should just wait and see if we get the interview in the next month as its almost been 5 months since we sent in the applications, or wether I should apply for Advanced Parole.

Thank you

Any advice is welcome :idea:

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Filed: Lift. Cond. (apr) Country: China
Timeline

Whichever way you go, realize that it takes 60-90 days for AP to be processed. According to Igor's stats, right now they are processing Form I-131s from August 13, 2014.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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It's likely you'll be approved before the new year. But, there is no fee for an application for advance parole (I-131) in conjunction with an I-485. So yes, as a backup you should fill out the form and send it in. Include a photocopy of your I-797 receipt notice from the I-485.

While you're at it, same applies to the I-765 application for employment authorization.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Filed: Timeline

You should absolutely apply for AP, immediately. There is just enough time that you can be pretty sure you will receive it before the court date.

You cannot rely on getting the green card in time, since processing times are subject to all kinds of unpredictable delays, including a backlog at your local office. It is odd to me that you would even risk it, particularly since the AP is free.

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Filed: Timeline

I meant odd that you didn't apply for it in the first place. Perhaps "imprudent" would have been a more apt term.

I mean, why wouldn't you apply for AP? Adjustment of status can take any length of time up to a year (or longer!), depending on the case load of your local office, even for a straightforward and complete application. Since it is free to apply for advanced parole and relatively hassle free (one extra form), why would you not apply for AP with your initial submission? You never know when you might have to leave the US to attend to urgent business at home (sick relatives, court appearance in your case etc.) and if you left the US without AP you'd be screwed.

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I am aware of that believe me. Considering the amount of money that the AOS costs I didn't think I would be able to afford the flights home seeing as though they are 2000 each so i didn't send it. Its in now so there is no need to carry on this conversation. Thanks.

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