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Laura Hartman

As an AOS applicant do I need to complete part 4 and part 7 on I-131?

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Hi there,

 

I am an AOS applicant (I-485) who recently got her EAD (I-765) and now I want to apply for an APD (I-131) as I really want to visit my family back home after not seeing them for nearly 2 years plus my grandmother who basically raised me passed away shortly after I arrived in the U.S. with a K-1 visa so I was not able to go to her funeral and I really want to be there for the second anniversary of her passing with my family.

I've been reading multiple forums from different websites and I've found nothing but conflicting information on this topic. I've read the I-131 instructions multiple times and I just want to make sure everything is perfect in order to avoid an RFE. On the I-131 form clearly states on page 2 of 5 Part 3, "If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4 before skyping to Part 7."  Therefore as instructed I skip to Part 7 where it says "On a separate sheet of paper, explain how you qualify for an Advance Parole Document, what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (See instructions)" so I go to the I-131 instructions page 9 of 15, where plainly states "If you are applying for: c. Advance Parole Document for Individuals Who Are Currently in the United States: If you are in the United States, you must attach: (2) An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole Document; OR (3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application; " so from this I get that I do not need to add or attach any explanation or other evidence since I am an AOS applicant and I must only attach a copy of my receipt, form I-797C as evidence that I previously filed the AOS I-485 application. However when I asked on this immigration forum "Avvo", some lawyers replied that I still needed to complete these parts. I'm not sure if they misunderstood the information I provided them with and that's why I'm being so annoyingly specific on this one. I really want to hear from people who got their I-131 approved and make sure I got everything right. It seems pretty clear to me and I just want to get this mailed asap knowing everything is alright with my application. Also, on Part 3 when asked expected length of the trip, is "TBD" a valid answer? as I can't honestly state in days how long I'll be there for. Thank you so much for taking the time to read this and any advice is greatly appreciated. 

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You don't need to attach anything.
I wrote in dates of expected travel "TBD", duration or something like that,  "TBD" and Reason "visiting family"

You file concurrently with AOS, they see that since it's in one package, i'm sure they make a reference of I485 on i131 if splitting up the forms.

 

USCIS are aware that people who file for AOS are filing for I131 as well, because the processing times for GC are horrible, and people might need to travel in 12-24month span definitely. It used to be around 6months for GC, which wasn't so bad. I browsed quite a bit on VJ and other sites. Didn't see anyone recently denied I131 when filed with AoS

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