I-131 expedite request for thesis defense?

[juliabean 1]

My husband and I filed his 1-485 (adjustment of status) along with his I-765 (employment authorization) and I-131 (advanced parole request) in January, as soon as we got married after he came on a K1 visa. We want the advanced parole document because he's still enrolled in a PhD program in Spain, and it's likely that he'll have to return to Spain sometime between July and October to defend his thesis. Unfortunately, we don't know exactly when the defense will be because there have been some hang-ups with his advisor, but October is the absolute latest deadline that his doctorate program will allow him to defend. We live in New Mexico, and thought that his case would be processed through either the California Service Center (which is where his I-129f was processed) or the Texas Service Center, both of which still list wait times of 2-5 months. All of the research we had previously done indicated that the advanced parole request typically takes around 3 months to process. However, it now appears that his case is being processed at the National Benefits Center (the service center listed on the receipt says "NBC")  which has a currently estimated wait time of 8-10 months. If his travel document really takes 8-10 months to process, he's unlikely to be able to travel back to Spain before the October deadline, which could cause big problems for his PhD and could theoretically get him kicked out of his program with no degree. If his case is at the National Benefits Center (with the 8-10 month processing time), is it possible we we would be eligible for an expedite request? Based on the expedite criteria on the USCIS website, I think maybe we could make the case that missing his PhD defense - and getting kicked out of his program after 5 years with no degree to show for it - would cause severe financial loss, especially since we've submitted and responded to everything ASAP. But I don't know how strictly these guidelines are interpreted or how generous they are with these expedite requests. Does anyone have any advice or experience with this situation? Do travel documents really take 8-10 months to process at the National Benefits Center, when the estimated wait times are only 2-5 months at all other service centers? Is he likely to be granted an expedite request based on his circumstances? Any help at all is appreciated.

[K1visaHopeful 2,655]

All K1 AOS concurrently filed AP (and EAD) are processed at the NBC and not at any other Service Center. Their timelines will not apply to him as a K1 AP filer.

The current processing times are 8 to 10 months which recently (as in the last two weeks) went up from the previous 6 to 8 months. This is likely due to the pandemic.

When it was 6 to 8 months you could expect as low as 4 to 5 months but still up to 8. 

A guestimate for now would be 6 to 8 but still up to 10.

He could request an expedite with proof from his facilty in the form of an official letter. Talk to his advisor and ask them to make a more strict guideline to when he must return and get it in writing. 

Good luck!

[juliabean 1]

49 minutes ago, K1visaHopeful said:

All K1 AOS concurrently filed AP (and EAD) are processed at the NBC and not at any other Service Center. Their timelines will not apply to him as a K1 AP filer.

The current processing times are 8 to 10 months which recently (as in the last two weeks) went up from the previous 6 to 8 months. This is likely due to the pandemic.

When it was 6 to 8 months you could expect as low as 4 to 5 months but still up to 8. 

A guestimate for now would be 6 to 8 but still up to 10.

He could request an expedite with proof from his facilty in the form of an official letter. Talk to his advisor and ask them to make a more strict guideline to when he must return and get it in writing. 

Good luck!

Thank you so much, this is so helpful! I think what we're going to try to do is get a signed letter from his advisor and department head confirming that he needs to defend in person before October. Hopefully that would count as proof enough.

[Boiler 43,402]

You need to expedite AP and EAD, free to do so and many on here have had success. There are quite a few threads on the subject, nobody can prove it but my money would be that the increased timelines are more to do with expediting now being part of the process.

[Buster & Hitch 58]

I know someone who just did their defense through Zoom because of the lockdowns. Is that something his advisor and program would consider doing?