I-131 with pending 485 application

[canuck909]

Hello everyone,

I am wondering if anyone has had trouble with getting Advance Parole (I-131) approved? My lawyer will NOT submit one for me as she says that I do not qualify because 'going to visit family or a vacation' cannot be a valid reason since the forms state only someone with "urgent or humanitarian reasons or public benefit" will be able to travel while AOS is pending. Therefore she says I do not qualify. She filled my I-130 (marriage based to USC), I-485 and I-765 back in Feb and it is all still pending. My biometrics appt was canceled due to COVID. It has not been rescheduled yet.

I see tons of people on this forum getting approved and getting their combo cards. Some have posted they used them for travel and vacation. I am curious what you guys are putting down as a reason for advance parole or what your lawyers have recommended. I know the AOS is going to take time with all the delays, my lawyer thinks it may be approved in 6-7 months but I think it will be more delayed. I have an important family event in March and really want to be able to attend next year. My husband and I also wanted to travel to see family for Christmas outside the US but I guess that wouldn't happen now either.

Any advice is appreciated! Thanks.

[dcont5512]

Honestly think you’re out of luck. Our lawyer said the same exact thing. We wife and I got emergency advanced parole and the only reason was for a death in the family. Apparently they used to approve AP for vacations and things like weddings etc but not so anymore. My understanding is that it needs to be a true medical emergency or something like death of an immediate family member etc.

[newacct]

Hello everyone,

I am wondering if anyone has had trouble with getting Advance Parole (I-131) approved? My lawyer will NOT submit one for me as she says that I do not qualify because 'going to visit family or a vacation' cannot be a valid reason since the forms state only someone with "urgent or humanitarian reasons or public benefit" will be able to travel while AOS is pending. Therefore she says I do not qualify. She filled my I-130 (marriage based to USC), I-485 and I-765 back in Feb and it is all still pending. My biometrics appt was canceled due to COVID. It has not been rescheduled yet.

I see tons of people on this forum getting approved and getting their combo cards. Some have posted they used them for travel and vacation. I am curious what you guys are putting down as a reason for advance parole or what your lawyers have recommended. I know the AOS is going to take time with all the delays, my lawyer thinks it may be approved in 6-7 months but I think it will be more delayed. I have an important family event in March and really want to be able to attend next year. My husband and I also wanted to travel to see family for Christmas outside the US but I guess that wouldn't happen now either.

Any advice is appreciated! Thanks.

Your lawyer is wrong. You are not asked to provide any reason to apply for an AOS-based Advance Parole. Using it to go on vacation is fine. It is a good idea to get it just in case there is a sudden future need to travel, even if you have no plans to travel now. You can apply for it yourself; you don't need a lawyer. It is free to apply for as you are an AOS applicant, so there is no reason not to apply for it.

[manhattanite]

Agree with newacct. AOS from F-1 here with approved I-131. I actually submitted the I-131 separately (about 2 months after my package), hadn't listed a reason on the form, and it was approved back in April without a problem.

[Tibwa]

Well- I used to always get those each time I applied to renew my TPS. It never got denied and I put any reasons I wanted and I never used them. I just sent my package to adjust my status today. I included I-131 with it. I dont see why they would denied it. Now if you did overstay in your original visa, which means you had to have a waiver with your AOS, I would advise you to chill because these days you may denied re-entry and loose it all.

[Enub4]

It is weird that the instructions mention the "urgent humanitarian reasons"

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.

Our lawyer didn't mention this restriction, we applied for EAD/AP, received combo card, traveled abroad, and no problems getting back. We renewed the combo card without problems.

[canuck909]

Thanks for all your replies everyone. I think I will file it myself and just write in the explanation box that I would like to travel to see my family and hope for the best!

[newacct]

Thanks for all your replies everyone. I think I will file it myself and just write in the explanation box that I would like to travel to see my family and hope for the best!

No. Like I said, you are not asked for any explanation if you fill out the form correctly. Non-DACA Advance Parole applicants skip from the middle of Part 3 to Part 7. You do not go through Part 4. You should not be filling in any place that asks for an explanation.

[catparade]

Part 7 says:

On a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered.

So we just included a short letter stating the following:

I am not planning to travel while my adjustment of status application is pending. However, due to the extended processing time associated with adjustment of status applications, I am requesting multiple-entry advance parole on the basis of personal, family, or business matters, or for other reasons.

[newacct]

Part 7 says:

On a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered.

It also says "(See instructions.)", and if you see the instructions, under General Requirements, Initial Evidence for people applying for Advance Parole from within the US (page 9 of the I-131 instructions PDF), it says:

If you are in the United States, you must attach:
(1) A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and
(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; or
[...]

The "or" means any one of the options. Since the OP is attaching a copy of the I-485 receipt as an AOS applicant, they should NOT attach any explanation.

[Johnny6751]

Hello everyone,

I am wondering if anyone has had trouble with getting Advance Parole (I-131) approved? My lawyer will NOT submit one for me as she says that I do not qualify because 'going to visit family or a vacation' cannot be a valid reason since the forms state only someone with "urgent or humanitarian reasons or public benefit" will be able to travel while AOS is pending. Therefore she says I do not qualify. She filled my I-130 (marriage based to USC), I-485 and I-765 back in Feb and it is all still pending. My biometrics appt was canceled due to COVID. It has not been rescheduled yet.

I see tons of people on this forum getting approved and getting their combo cards. Some have posted they used them for travel and vacation. I am curious what you guys are putting down as a reason for advance parole or what your lawyers have recommended. I know the AOS is going to take time with all the delays, my lawyer thinks it may be approved in 6-7 months but I think it will be more delayed. I have an important family event in March and really want to be able to attend next year. My husband and I also wanted to travel to see family for Christmas outside the US but I guess that wouldn't happen now either.

Any advice is appreciated! Thanks.

I am sorry to say it but your lawyer is absolutely wrong, when you fill out the application for Advance parole with your AOS I-485 you do not have to say anything in the field where it asks the reason for Advance parole, just leave it empty. Just make sure that you check mark the square that says "multiple entries". You will be absolutely fine.

[longee94]

I would also encourage you to apply. I sent my I-131 in a couple of months after sending my i-485 and had no issue. The case was never approved (nor was my EAD) because my green card application was adjudicated in about 90 days.

[HartfordCtFilerI-485]

I’d advice to send in the application yourself. I applied for my husband’s after we sent in the I-485 and realized that will take some time to get completed and he needed to travel for work. It was approved in 2.5 months.

[HartfordCtFilerI-485]

Honestly think you’re out of luck. Our lawyer said the same exact thing. We wife and I got emergency advanced parole and the only reason was for a death in the family. Apparently they used to approve AP for vacations and things like weddings etc but not so anymore. My understanding is that it needs to be a true medical emergency or something like death of an immediate family member etc.

From your timeline it seems your GC was approved w/o an interview; if this is the case can you confirm if you’ve had any other interviews prior with USCIS.

My husband has been in “Ready to schedule interview” phase since 12/19/2019 and we haven’t received any updates since regarding the I-485. We know with Covid everything will be pushed back but I am trying to gage if his application may also get approved without an interview.

[Casebycase]

Expedite received and complete

Hi! If I may ask, how were you able to expedite I-485?