How long does it take to get AP?

[wakikinana]

Hi I would like to know how long does it usually take to get the Advance Parole?

I am now working on the green card application thru a marriage basis. But i just got to know that i need to go back to my home country for some family emergency situation, and i need to be there by Oct. So i am wondering if i should submit the application tomorrow (i just got everything ready this afternoon) and wait until i get the AP then go back home (but would is it possible to get it by Oct?) Or i should just go back home and then come back to the States with a B2 and submit the application then. I am not sure which option would be better for me. (btw I am out of status (H1b) for 3 months so far)

Thank you so much for your suggestions.

[wakikinana]

Or, if i submit the application tomorrow, can i leave the states without an AP and wait in my home country til my husband sends me the AP, then come back to the states? tks!

[PraetorianXI]

AP is supposed to take from 60-90 days from the date USCIS receives your application.

However, some people have received their approval a lot faster (i got mine in 28 days for example).

Basically your only option is to file everything tomorrow and wait for the AP.

First of all, you are out of status, which makes you an overstay and consulates do not easily grant visitor B2 visas to overstayers...

Second of all, even if you do secure a visa (B2), this is a visa that requires non-immigrant intent, and you HAVE IMMIGRANT intent. You can not use such visa to enter the USA and apply for a GC.

So, really, your only option is to apply for all the paperwork and wait it out. You can even make an infopass to your local USCIS office (once you get your receipt for the AP) and ask them to expedite the processing... showing that you have an emergency back home.

Anything else is not possible. Your H1B is dead (which you could have used to re-enter the USA), You will not be granted a B2 visa (because of immigrant intent) and if you already have one (and someone is not voided per 222(g)) then using a visitor visa to enter and apply for you GC is fraud.

[wakikinana]

Thank you so much for the reply. So how long does it normally take to get the AP receipt? Tks again.

[PraetorianXI]

Thank you so much for the reply. So how long does it normally take to get the AP receipt? Tks again.

Usually 2-3 weeks. And remember, you must wait until the AP is approved BEFORE you leave the USA.