Adjustment of status and advance of parole

[Anita1000]

Hi there,

I'm thinking about to apply for I-131 (adjustment of status - marriage based, filing currently I-130). But, on the instruction of the FORM I-131, on item 3, a, (1) (reproduced bellow) they say we have to have a reason to apply for it. Although on item 3, c, they say you can attach an explanation OR the proof of AOS. So, do we have to attach a letter to explain and justify the reasion of the trip like they on item 3,a,(1), (bellow) or not? Please help me.


3. Advance Parole Document for Individuals Who Are Currently in the United States
If any of the items listed under Item a. below apply to you, select Item Number 1.d. in Part 2. of the form.
a. 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.

[UScitizenFilingforspouse]

Hi there,

I'm thinking about to apply for I-131 (adjustment of status - marriage based, filing currently I-130). But, on the instruction of the FORM I-131, on item 3, a, (1) (reproduced bellow) they say we have to have a reason to apply for it. Although on item 3, c, they say you can attach an explanation OR the proof of AOS. So, do we have to attach a letter to explain and justify the reasion of the trip like they on item 3,a,(1), (bellow) or not? Please help me.


3. Advance Parole Document for Individuals Who Are Currently in the United States
If any of the items listed under Item a. below apply to you, select Item Number 1.d. in Part 2. of the form.
a. 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.

From what I understood, you only need humanitarian/emergency reasons IF you are requesting or will request for your application to be expedited. Otherwise, you do not have to give a reason. You select that you will use it for multiple trips and they will send it to you as a EAD/AP combo card when they get to it. But if you have an emergency, do not hesitate to come forward, and follow the instructions to request expedited processing.

[Anita1000]

From what I understood, you only need humanitarian/emergency reasons IF you are requesting or will request for your application to be expedited. Otherwise, you do not have to give a reason. You select that you will use it for multiple trips and they will send it to you as a EAD/AP combo card when they get to it. But if you have an emergency, do not hesitate to come forward, and follow the instructions to request expedited processing.

Hi there! Thank you for answering me!

But what you mean "IF you are requesting or will request for your application to be expedited."? Am I requesting the AP at my AOS, isn't it? or I'm wrong?

[newacct]

Hi there! Thank you for answering me!

But what you mean "IF you are requesting or will request for your application to be expedited."? Am I requesting the AP at my AOS, isn't it? or I'm wrong?

There's a regular, non-expedited application of AP, which you are doing. There's also the possibility of expediting the AP or applying for Emergency AP (you can read about both of them here) for really urgent situations.

[UScitizenFilingforspouse]

Hi there! Thank you for answering me!

But what you mean "IF you are requesting or will request for your application to be expedited."? Am I requesting the AP at my AOS, isn't it? or I'm wrong?

Yes, you may apply for EAD/AP now or later. See, not everyone needs that since there are visas that allow you to work/travel while you wait for your AOS. So yes, you may apply for AP now. I should clarify that you do not need to explain why you need to travel unless you are requesting for your application to be processed faster due to an emergency situation. There are specific instructions to request that and you would follow those. Otherwise, you just send your AOS package and get your EAD/AP when you get it. You can say "honeymoon". However, giving them a reason will not make it faster. The reason must be "humanitarian/emergency/national interest bla bla bla"- (only the first two apply to most of us)- for expedited requests.

[Anita1000]

Yes, you may apply for EAD/AP now or later. See, not everyone needs that since there are visas that allow you to work/travel while you wait for your AOS. So yes, you may apply for AP now. I should clarify that you do not need to explain why you need to travel unless you are requesting for your application to be processed faster due to an emergency situation. There are specific instructions to request that and you would follow those. Otherwise, you just send your AOS package and get your EAD/AP when you get it. You can say "honeymoon". However, giving them a reason will not make it faster. The reason must be "humanitarian/emergency/national interest bla bla bla"- (only the first two apply to most of us)- for expedited requests.

Thank you for the answer.

Do you think the request of AP can delay the processing time of AOS? Do you think that if I dont request it could be faster?

[UScitizenFilingforspouse]

Thank you for the answer.

Do you think the request of AP can delay the processing time of AOS? Do you think that if I dont request it could be faster?

I am going to speculate "no" on that. If everyone were to stop requesting EAD/AP altogether, yes, it would be faster for everyone but you skipping on it, won't make your case go faster. Just make sure that your AOS package is well organized and complete. RFEs are really what slows it all down. Make sure you read the directions of every form you're filing. As tedious as they are, you'd be surprised how many people miss basic things and sure enough, their packet is returned.

Here is a link to a chart that shows which USCIS service centers currently process each type of form. https://www.uscis.gov/us-visa-and-im...rms-processing

When one service center is overloaded, cases get transferred to another center in order to keep the pace. In reality, it takes USCIS the same amount of time to process a RFIE/RFE-free AOS in New York or in Yakima, WA. What makes a difference is how many applications they receive, and how many are pending. My field office services 3 other states. The number of pending applications is 5 times greater than the number of applications received.

If you want to get an idea of the workload at your field office, take a look at this link. It's from July 1, 2017 - September 30th, 2017.

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/Family-Based/I485_Performancedata_fy2017_qtr4.pdf