Teemo

I'll add to that that it takes 3-5 months on average to receive EAD/advance parole (it took me exactly 4 months earlier this year) and likely over a year for the I-485/I-130 interview, depending on what field office is local for you. 

 I got mine in exactly 4 months earlier this year

On 7/2/2018 at 3:56 PM, missileman said:

To clarify:  A Green Card holder doesn't have to obtain citizenship.  He/she could just continue renewing the 10 year Green Card as long as he/she continued to meet all the LPR requirements.  However, I don't see any benefit in doing that.  Gaining US citizenship has no down side vs LPR status that I can see.

One huge downside - she has to pay US taxes the rest of her life, no matter where she resides, whereas an LPR can give up her green card and stop paying US taxes

On 10/28/2017 at 7:42 PM, Larindra said:

OK so I have a couple of questions regarding Advanced Parole in connection with I-485 Adjustment of Status.

I know that when I apply for it, I fill out I-131. When I file I-485 I file I-131 concurrently. Lets say I get approved and later I receive the green card. Can the AP then be used as a re-entry permit so I can leave for longer than a year or do I have to file another I-131 after GC receipt?

Also I'm currently reading experiences. Most people say that it is not a good idea to travel on it. I know all that. Some people have and it was worth it for them. I understand that I receive a stamp in my passport that says I'm being paroled into the US for a year. So now what happens if my Adjustment of Status process is delayed for whatever reason and it all takes longer than the expiration date of the Parole? Then what do I need to do? Am I out of status then?

I know that it's at the mercy of the officer at the Point of Entry wether I get back in or not. So, if I travel with a US citizen who is my immediate relative (and who sponsors me), do I have better chances to be paroled back into the States?

 

For how long can I travel? Is three weeks OK?

Advance parole is an established procedure used hundreds if not thousands of times a day. I have used it myself. People are understandably worried but it is very common and frequently used, and usually only extraordinary circumstances (ie you commit a crime while abroad, you are carrying drugs on you, your AOS is denied while out of the country) will prevent your re-admittance. You are at the "mercy" of the CBP,  yes, but generally it is for routine inspection and they (almost) always will need a specific reason to deny you. That is the same for greencard holders and anyone but US citizens btw. Remember you just underwent an FBI background check among other reviews in order to receive AP so CBP is not in the business of denying entry to people who have been expressly authorized to be paroled back into the US, pending their inspection of you to determine if there is a threat to national security or public safety, or drug smuggling or person trafficking etc. 

AP cannot be used as a re-entry permit for permanent residents - that is something separate even though it is the same form. AP will cease the second you receive permanent residency. You will have to apply for a re-entry permit when the time comes. 

Don't worry about the stamp in your passport. It's your EAD/AP that matters. 

Three weeks travel is routine and fine. 

That is not the expiration date for the form, it is the expiration of the comment period. Does not affect you or the form. There is no new one coming out imminently. Use the form they have on the site and you'll be good. 

From the DMV's perspective, you have no legal status in this country since your green card has expired and you have not sent them the renewal letter or any other documentation that you are legally residing here. So yes, of course that's the issue. Better to go in-person. 

3 minutes ago, pushbrk said:

I see.  The OP is also not planning to be gone more than six months but the green card will have been issued long before they come back and mailed to their US address of record.  It's easy enough to send the green card to the UK by courier so the entry is WITH a green card.  

 

You're right, they give the same privilege but physically are NOT the same thing.  It's a distinction that should not but CAN make a difference when an officer makes a judgment call.

Yup. And agreed that he would probably have his green card in hand at that point. 

I guess you can try but make sure everything you say is a 100% truth and you don't misrepresent yourself or lie about the seriousness of the disease to increase the chances of you getting an emergency parole. I can see that being held against you in your AOS application so don't risk it all because of short-sightedness.

But I don't even think you should apply. You broke rule 101 in applying for visas - never make travel plans you can't change. Time to pay for your mistake. 

You may very well have to go to secondary. But so what? Yes you may have to wait for awhile if it's crowded and then you may get 5 minutes or even 30 minutes of questioning on your background to make sure you are not a threat to security or public safety, but you should feel safe and secure in the knowledge that you have done nothing wrong, have successfully made it through the CR1 process that includes an FBI background check and a review of your prior immigration history to the US, and have an immigrant visa in hand that expressly gives you the ability to seek entry into the US to be a permanent resident. 

Enjoy your new life. 

2 minutes ago, pushbrk said:

It's "immigrant visas" that get the stamp you mention.  The issue being discussed is avoiding losing that status by such a short stay followed by long absence before finally actually MOVING to and living in the USA.

Yes but OP is talking about an immigrant visa, no? I understand the issue being discussed. At issue is whether he could lose permanent residency. But the comment I replied to said "I did this with a green card - you should not do this with a visa." I was pointing out than an immigrant visa and a green card are effectively the same thing for the purposes of this discussion. 

Are you still married to the fiance who petitioned you? What was the document they needed original of?

10 hours ago, Kiolas said:

Should I go back to the country of origin and start the process from the scratch (with a difference that now I'm a spouse of the U.S. citizen and will be applying for visa CR1)? 

Is there any way to stay in the U.S. and try to file again for GC (perhaps, together with filing I-601A Application for Provisional Unlawful Presence)?   

Definitely no to the first one. If they do in fact say all your time in the US has been unlawful presence, then leaving will trigger a 10 year ban for re-entry.

I imagine if your appeal fails you may get an NTA and the immigration judge is the one who would revoke your permanent residency and perhaps issue a removal notice. Actually there was recent news - bad news for you - that a denial of an immigration benefit would automatically lead to a removal notice.  Anyway, I'm hoping that well ahead of appearing in front of a judge you would be able to file an adjustment of status (AOS) application - for that, your illegal stay is forgiven and you don't need a waiver.  There are complications with this because of your issue, but bring this up as an option with your lawyer (you need one!) and see what s/he says. 

4 hours ago, Nitas_man said:

We activated an immigrant visa in March, left in April, returned at the end of June.  There were no issues when we returned after two months out.

You'll get seriously eyeballed with more than 6 months out of the country.   Although our experience was that even an 11-month absence earned us grumbling and a lecture and a note in the passport back in 2009 but the officer finally let my wife through.  She was carrying a green card and you will not be. 

You're playing with fire leaving on a visa only for more than 6 months.  I would advise against it.

What visa? He's talking about getting a permanent resident stamp on his passport when he enters the US. That's as good as a green card for permanent residency purposes. 

AP is averaging 3-5 months right now. I got mine in exactly 4 months earlier this year.

In terms of processing times, look up the I-765 at the National Benefits Center (NBC) for their estimate of when you get employment authorization/advance parole but I don't think they are very accurate. For the actual interview, look up the I-485 with your local field office, in your case Boston. It is saying 8.5 Months to 24.5 Months, but again I do not think they are very accurate. For busy field offices, it is looking like 12-14 months. 

44 minutes ago, SusieQQQ said:

Re-entry permits can’t be renewed beyond a maximum of 5 years though. And in the meantime OP will have to comply with certain facets of being a green card holder such as filing tax returns with the IRS every year.  So it may be a solution, but a better one for a shorter planned absence - if they are looking at more like 10 than 5 years it’s probably better to let the visa lapse and reapply in the (distant) future. 

Yup. My idea was sort of a middle ground of kicking the can down the road 2-4 years before they make a decision. Not a long-term solution. 

Yes you can leave as soon as biometrics are done. I'm not sure about the expedite, you can certainly try. 

I'm assuming you're not claiming asylum from Cuba as going back would present issues. Other than that I don't know of any Cuba-specific issues that would give you problems

May not work for your specific situation but you could always enter the US, file for a re-entry permit, and leave after your biometrics. Re-entry permit lasts two years (and then you can re-apply) so you could kick the can down the road and decide then if you can face the US or not. 

It doesn't matter. The "6 months left before expiration date on passport" is for NON-immigrant visas. Because countries don't want to stamp a 6 month visa on a passport that will expire before that. But she is a resident of the US so they won't care about the expiration date of her passport, as long as her passport is not expired. 

3 hours ago, Kaylip said:

Since he may be deployed they'll be apart anyway so she might as well go back home and be with her family. It will take a huge toll on her mentally to be here alone with no support system, no SSN, no Driver's License, no job. CR1 is best.

Yes I know. They know more information about length of deployment etc. I was presenting pros/cons and she can make her own determination. I don't presume to know her innermost thoughts about support system, length of deployment, ability to work etc. Like I said, with CR1 she won't be able to be in the US for a year. She knows better than us the affect of that on their lives. 

That's not an expiration date for the form. You're good to use whatever the latest version is. Don't overthink it. 

1 hour ago, toonreal said:

Thanks for your reply. I will apply for it. Perhaps the confusion comes from USCIS's wording that: "If you are in the United States and seek an Advance Parole Document, you may apply if: (1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad temporarily for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons."

 

I am happy to read that you were able to travel for leisure!

Fair enough. In practice is entirely different than in theory. In practice it happens hundreds or thousands of times a day. I have never heard of anyone denied because of the reason for travel, and I spoke to several lawyers and not one mentioned the reason for travel would be an issue. It's most certainly available for leisure travel as well. 

If you value being the US now as opposed to year from now, then AOS. You will get the employment authorization and advance parole (permission to travel and re-enter) in 3-5 months on average.

If that does not sound appealing, then yes CR1.  Kiss your chances of entering the US in the meantime (about a year) goodbye. Some couples value being together, and I reject the idea that just because "many couples here are apart for a year" that means you have to be too. 

1 hour ago, toonreal said:

I have looked into it and I don't think I would be able to travel, which I have accepted, but I will double check because I didn't know that about H1-B visas. Also, with the advance parole... I thought that was only for emergency situations? Is it worth filing for it in case such a situation does arise, or do people use them for non-emergency situations... 

I have no idea why the myth persists that advance parole is only for emergency situations. There is something called EMERGENCY advance parole, but that should not be conflated with the fact that advance parole allows any travel, not just for emergencies. I have traveled for leisure myself, with no problems, and it advance parole is an established procedure used 100s if not thousands of times a day.  It's free, make sure you apply for it. 

2 hours ago, patrick n Jenny said:

We never filed I-765 because we did not know we could. She was on a tourist visa and we filed the I-130. Do we need to file the I-765 now? Yes we do want her to have an SSN card

Is she in the country now? If so, you are doing adjustment of status and she did not need to wait for the I-130 to be approved. She could and should have submitted the I-485, I-765 (employment authorization), and I-131 (advance parole) at the same time. The latter two are free when an I-485 is submitted. So if she is in the country you have wasted several months waiting to submit them, for no reason. Regardless, you could and should file them now, with supporting evidence. Here is the guide: http://www.visajourney.com/content/i130guide2