I applied for advance parole I-131, but I need to travel in the immediate future. What should I do if my advance parole application is still pending?

[ManSat 0]

My Spouse is US citizen. I entered the country on a B2 visa and we decided to stay. I applied for Adjustment of status in September 2021. I am director of a company abroad.
Processing time is very long. I applied for advance parole I-131 in October 2021, but now I need to travel immediately due to urgent business needs as partners and clients need to see me.
I reached out to the congress representative to inquire about my case, after one month of waiting the reply came very standard that I need to show third party letters to confirm it is emergency which I already did in my first inquiry! Not sure if they read it at all.
I reached out again to another congressman office this time to inquire again
a. What should I do if my advance parole application is rejected or still keeps pending? I may risk going to bankruptcy but again it is non US company so I am not sure if that counts. 


 

[dwheels76 5,463]

2 minutes ago, ManSat said:

My Spouse is US citizen. I entered the country on a B2 visa and we decided to stay. I applied for Adjustment of status in September 2021. I am director of a company abroad.
Processing time is very long. I applied for advance parole I-131 in October 2021, but now I need to travel immediately due to urgent business needs as partners and clients need to see me.
I reached out to the congress representative to inquire about my case, after one month of waiting the reply came very standard that I need to show third party letters to confirm it is emergency which I already did in my first inquiry! Not sure if they read it at all.
I reached out again to another congressman office this time to inquire again
a. What should I do if my advance parole application is rejected or still keeps pending? I may risk going to bankruptcy but again it is non US company so I am not sure if that counts. 


 

I doubt they would even approve because of work related that's not considered an emergency since you are immigrating and all.
You may have to bite the bullet and just leave and you will have to go through embassy interview. Depending on your country it could be 2 years to get visa to come back.
EAD/AP is a 6 to 9 month process for most. Did you even call USCIS first to try and expedite or you went directly to congressperson?
 

[Crazy Cat 39,418]

6 minutes ago, ManSat said:

My Spouse is US citizen. I entered the country on a B2 visa and we decided to stay. I applied for Adjustment of status in September 2021. I am director of a company abroad.
Processing time is very long. I applied for advance parole I-131 in October 2021, but now I need to travel immediately due to urgent business needs as partners and clients need to see me.
I reached out to the congress representative to inquire about my case, after one month of waiting the reply came very standard that I need to show third party letters to confirm it is emergency which I already did in my first inquiry! Not sure if they read it at all.
I reached out again to another congressman office this time to inquire again
a. What should I do if my advance parole application is rejected or still keeps pending? I may risk going to bankruptcy but again it is non US company so I am not sure if that counts. 


 

Option 1: Apply for emergency AP at USCIS.

Option 2: Leave before receiving approved AP.  This will result in abandonment of your adjustment of status.

Option 3: Wait it out for approved AP.

[Lil bear 3,842]

32 minutes ago, ManSat said:

My Spouse is US citizen. I entered the country on a B2 visa and we decided to stay. I applied for Adjustment of status in September 2021. I am director of a company abroad.
Processing time is very long. I applied for advance parole I-131 in October 2021, but now I need to travel immediately due to urgent business needs as partners and clients need to see me.
I reached out to the congress representative to inquire about my case, after one month of waiting the reply came very standard that I need to show third party letters to confirm it is emergency which I already did in my first inquiry! Not sure if they read it at all.
I reached out again to another congressman office this time to inquire again
a. What should I do if my advance parole application is rejected or still keeps pending? I may risk going to bankruptcy but again it is non US company so I am not sure if that counts. 


 

Decide which you can more afford to lose on .. i know you would prefer to not lose either of the options but thats not going to happen….  
 

Which will be worse

1. starting the immigration  process again from your home country

2. the consequences and impact on your business of choosing not to see clients face to face where they are 

[Unlockable 7,306]

37 minutes ago, ManSat said:

My Spouse is US citizen. I entered the country on a B2 visa and we decided to stay. I applied for Adjustment of status in September 2021. I am director of a company abroad.
Processing time is very long. I applied for advance parole I-131 in October 2021, but now I need to travel immediately due to urgent business needs as partners and clients need to see me.
I reached out to the congress representative to inquire about my case, after one month of waiting the reply came very standard that I need to show third party letters to confirm it is emergency which I already did in my first inquiry! Not sure if they read it at all.
I reached out again to another congressman office this time to inquire again
a. What should I do if my advance parole application is rejected or still keeps pending? I may risk going to bankruptcy but again it is non US company so I am not sure if that counts. 


 

Yes, this is the huge risk of adjusting status... you are in a virtual lockdown while things are getting processed. I agree with the options listed above by our valued members of the forum.

 

It essentially comes down to what you are willing to lose. Try to the first option of asking for expedited AP and pray/hope for the best.

[Boiler 43,630]

Even if you are approved for AP, seems a long shot, nothing to do with immigration is quick. So immediate is not in the immigration vocabulary.

 

Does beg the question why you chose to adjust status.

 

No harm seeking to expedite, quite common nowadays and I take it that you have. But it is by no means certain you will be approved.

[Dashinka 23,329]

You may have grounds for an expedite on the AP.  You need to get an emergency appointment at your local USCIS office.

 

USCIS may consider an expedite request if it meets one or more of the following criteria or circumstance:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. Timely file the benefit request , or
  2. Timely respond to any requests for additional evidence;
• Emergencies and urgent humanitarian reasons;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States;
• U.S. government interests (such as urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS, or other public safety or national security interests); or
• Clear USCIS error.

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

[arken 4,197]

You are literally asking USCIS to approve a document to be able travel and do business in a different country. I don't think that is a satisfactory reason for expedite. Just hope for the best.

 

I'd assume expedited AP or emergency AP is for those who needs to travel to see dying immediate relatives or who are in critical health or to attend funeral n other humanitarian reasons.

As said, if your expedite request is denied and you leave before getting approved, you need to go with consular processing. The i130 remains intact.

 

[Rocio0010 5,571]

50 minutes ago, Boiler said:

Does beg the question why you chose to adjust status.

You took the words out of my mouth (or my keyboard in this case).

It really begs the question as to why they chose AOS knowing that they are directors of a foreign firm and that they might to travel on a short notice.

If the possibility to work/ travel is a concern, then neither k1 nor AOS are the routes to take. CR1 it is.

OP now has three choices:

1.Apply for emergency parole (however, pretty much nothing is urgent for USCIS)

2. Continue to remain in the US and wait until AP is approved.

3. Leave now and start all over with a CR1 from the home country.

[Boiler 43,630]

There was a long thread a few months back about the wedding florist who was looking to expedite for the same reason, do not think we heard back if she was successful. 

 

I am loathe to say this could not be approved, when it comes to it it is up to the individual reviewing. I have come across too many odd cases.

[millefleur 5,039]

**Moved from  IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas**

[XenophiliusPDX 50]

Wouldn’t any interaction with USCIS beg the questions about unauthorized work in the United States? If you’re still a director abroad but working here on a B visa pending AP (so presumably still pending EAD). Unauthorized work by a spouse of a USC is forgiven, but would it create complications? 

 

these are not meant to be pointed questions, rather asking to understand for my own situation, too. 

Edited January 4, 2022 by XenophiliusPDX

[Rocio0010 5,571]

1 minute ago, XenophiliusPDX said:

Wouldn’t any interaction with USCIS beg the questions about unauthorized work in the United States? If you’re still a director abroad but working here on a B visa pending AP (so presumably still pending EAD). Unauthorized work by a USC is forgiven, but would it create complications? 

 

these are not meant to be pointed questions, rather asking to understand for my own situation, too. 

This was something I was asking myself too. No too long ago, there was an OP who used his own income for the i864. He was on a K1, so technically not authorized to work,  but he was working remotely for a British company. He got a RFE for the I-864 and I do believe they asked for proof of legal work or something like that. Last thing I know they responded to the RFE by leaving his work out and including assets. I don’t think he has heard anything back.

 

Regardless, the whole thing about not being authorized to work must have been drafted in the 1300s, when remote work wasn’t even a possibility!

[ManSat 0]

2 hours ago, Dashinka said:

You may have grounds for an expedite on the AP.  You need to get an emergency appointment at your local USCIS office.

 

USCIS may consider an expedite request if it meets one or more of the following criteria or circumstance:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. Timely file the benefit request , or
  2. Timely respond to any requests for additional evidence;
• Emergencies and urgent humanitarian reasons;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States;
• U.S. government interests (such as urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS, or other public safety or national security interests); or
• Clear USCIS error.

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

How can I arrange emergency appointment? USCIS does not answer phone calls and due to Covid there ar enot direct Inforpass appointments or walk ins?

41 minutes ago, XenophiliusPDX said:

Wouldn’t any interaction with USCIS beg the questions about unauthorized work in the United States? If you’re still a director abroad but working here on a B visa pending AP (so presumably still pending EAD). Unauthorized work by a spouse of a USC is forgiven, but would it create complications? 

 

these are not meant to be pointed questions, rather asking to understand for my own situation, too. 

I am not working for a US company or in the US, is just remote work.

[ManSat 0]

1 hour ago, Rocio0010 said:

You took the words out of my mouth (or my keyboard in this case).

It really begs the question as to why they chose AOS knowing that they are directors of a foreign firm and that they might to travel on a short notice.

If the possibility to work/ travel is a concern, then neither k1 nor AOS are the routes to take. CR1 it is.

OP now has three choices:

1.Apply for emergency parole (however, pretty much nothing is urgent for USCIS)

2. Continue to remain in the US and wait until AP is approved.

3. Leave now and start all over with a CR1 from the home country.

My wife was pregnant and she came back to US to give birth here and be with her family, also there was lock down and everyone workign remotely, suddenly the lock down lifted after I filed.