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J&C2527

RETURING FOR AN EMERGENCY TO HOME COUNTRY

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Does anyone know how and if it's possible to return to your home country while waiting on adjustment of status. My husband from Canada has an emergency medical situation with his son in Canada. How can he go there without them keeping him and not letting him return while we are awaiting his adjustment of status. Is he allowed to? Will they not let him return. Is there something he needs to do before? Please help, I feel horrible he's not able to rush over to be there for his son in this time of need.

Thank You

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Does he have AP? Based on your timeline, he likely would have it by now if he filed alongside AOS.

If not, he can request emergency AP via an Infopass appointment (or walk-in if that's too slow still).

If he exits the US without AP or a green card, he will need start over with a CR-1 visa to re-enter. His AOS would be deemed abandoned.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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4 minutes ago, geowrian said:

Does he have AP? Based on your timeline, he likely would have it by now if he filed alongside AOS.

If not, he can request emergency AP via an Infopass appointment (or walk-in if that's too slow still).

If he exits the US without AP or a green card, he will need start over with a CR-1 visa to re-enter. His AOS would be deemed abandoned.

Im sorry whats an AP?

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Advanced Parole.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Does his EAD say "Serves as I-512 Advance Parole"? If so, then he has AP and is fine to leave and return using that.

Just now, J&C2527 said:

is that something you gotta apply for seperatly or is that with the adjustment of status application?

Separately via an I-131, just like the I-765 (to get an EAD).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Ok i'll have to look at all my paperwork. I just looked at his work permit and says not for re entry. Is that something that comes around the same time as the work permit if applied for it? Is that a normal application to be filed with the adjustment of status? Sorry for all these questions. Our lawyer got disbarred during all this and we have knowone to help us now or ask questions.

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Just now, J&C2527 said:

Ok i'll have to look at all my paperwork. I just looked at his work permit and says not for re entry. Is that something that comes around the same time as the work permit if applied for it? Is that a normal application to be filed with the adjustment of status? Sorry for all these questions. Our lawyer got disbarred during all this and we have knowone to help us now or ask questions.

Yes, they are usually adjudicated together and they issue a combo card. In can also be be a separate document, although that's not as common unless you apply for them at different times.

It is highly suggested to file for AP alongside AOS...it's free and makes these type of  situations much simpler.

 

If he didn't obtain AP, the only option would be emergency AP to have something quickly.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 hours ago, J&C2527 said:

I just looked at his work permit and says not for re entry.

3 hours ago, geowrian said:

In can also be be a separate document

This is what a stand-alone AP (I-512L) document looks like:

AuthParole-3-787x1024.jpg

Is USCIS Phoenix your local office? If he needs emergency AP, there are appointments currently available for the 14th and 16th: https://my.uscis.gov/en/appointment If he needs it sooner, each office has its own policy on whether emergency walk-in is allowed; he can try it but no guarantee. Nevertheless, its best if he can get scanned copy of a letter from his son's doctor describing both his diagnosis and prognosis.

Edited by TM92

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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AP and EAD can be filed along with AOS, as above posters have said, and are issued together as a combo card if applied for this way. Two separate applications/forms would have been filled out, one for the AP (Travel Permit - Form I-131) and one for the EAD (Work Permit - Form I-765), which is in addition to the AOS form filled out. In case that sounds familiar - if you filled those two out and it was sent in with your AOS form, then you likely filed for it and it SHOULD have been issued along with the work permit.


Håll ut, y'all.

 

               K1 Process                                                                                AOS Process

July 2015 - met online thanks to Zak Bagans                                                            May 25, 2018 - South Carolina marriage license issued

June 2016 - first in-person meeting                                                                             May 26, 2018 - legally married

August 2016 - stateside visit                                                                                        June 7, 2018 - applied for Social Security Number [manual verification required]

February-April 2017 - stateside visit                                                                           June 18, 2018 - SSN/card received in the mail

April 4, 2017 - got engaged                                                                                          June 30, 2018 - submitted I-485 (AOS)/I-765 (EAD)/I-131 (AP) together

June 5, 2017 - submitted I129F                                                                                   July 9, 2018 - AOS/EAD/AP electronic NOA1 received

June 12, 2017 - received NOA1                                                                                   July 13, 2018 - AOS/EAD/AP hard copy NOA1 received (dated July 6, 2018)

December 1, 2017 - received NOA2                                                                            July 25, 2018 - Biometrics appointment (Charlotte, NC)

January 17, 2018 - NVC received case                                                                      August 1, 2018 - case status updated to "Ready to be Scheduled for Interview"

January 18, 2018 - received NVC case number by phone                                      August 11, 2018 - case status updated to "I-485 Interview Scheduled"

January 24, 2018 - packet received via email                                                           August 16, 2018 - AOS Interview Scheduled letter received

February 15, 2018 - medical appointment                                                                 August 28, 2018 - visited civil surgeon (Winston-Salem, NC) to complete I-693

February-March 2018 - trip to Gothenburg                                                                                                [beneficiary had to get one remaining vaccination stateside]

February 22, 2018 - interview at the US Embassy in Stockholm                            September 18, 2018 - I-485/AOS Interview in Greer, SC

                                    [passed, pending receipt of medical papers]                           September 18, 2018 - case status updated to "Card Has Been Issued/Mailed"

February 27, 2018 - medical papers received by Embassy                                     September 25, 2018 - Green Card received in the mail

March 5, 2018 - visa received in the mail with passport                                          October 6, 2018 - traditional wedding with family & friends

May 16, 2018 - POE in Charlotte, NC

 

 

Up next.... Removal of Conditions!

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5 hours ago, J&C2527 said:

Does anyone know how and if it's possible to return to your home country while waiting on adjustment of status. My husband from Canada has an emergency medical situation with his son in Canada. How can he go there without them keeping him and not letting him return while we are awaiting his adjustment of status. Is he allowed to? Will they not let him return. Is there something he needs to do before? Please help, I feel horrible he's not able to rush over to be there for his son in this time of need.

Thank You

You need to apply for Advanced Parole and have an Advance Parole card in order to travel while awaiting AOS. If you travel without that he will be considered abandoning his AOS and you will have to reapply for him to come here with a CR1/IR1. 


K-1 VISA

I129F Sent: 08/23/2017

NOA 1: 08/25/2017

NOA 2: 02/27/2018

NVC Received: 03/14/2018

NVC Case #: 03/15/2018

NVC Left: 03/24/2018

Embassy Received: 03/28/2018

Medical: 05/08/2018

Interview: 05/15/2018 

Visa issued: 05/18/2018

Visa received: 05/23/2018 

 

AOS

POE: 06/07/2018

SSN applied: 06/12/2018

SSN received: 06/28/2018

AOS Sent: 07/27/2018

Biometrics: 08/23/2018

Interview: 10/30/2018

Approval: 10/30/2018 

NOA2: 11/05/2018

Green card Received: 11/08/2018

 

 

NO MORE USCIS UNTIL ROC!!!!!😁

 

 

 

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8 hours ago, J&C2527 said:

Thank you so much i'll have to look into our file and see if this idiot lawyer did send that

Sounds like the lawyer didn't. Usually the EAD and AP forms are sent together and then adjudicated together, which is why the AP is really just that one line of text at the bottom of the EAD. Best bet is to make an Infopass and take relevant documents explaining the situation and cross your fingers for emergency AP. If your husband leaves the US without AP, he will be considered to have abandoned his adjustment of status case. 

Edited by mushroomspore

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~~Thread moved to Working and Traveling from AOS Family - as the OP is asking about emergency AP.~~

~~Hijacked post removed from this thread also.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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