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  • travel restrictions with pending I-485

    Hello, any opinions / advice would be much appreciated.
    Here is my situation:
    My husband & I are both O-1 holders & last year decided to go ahead with the green card process (my husband filing under EB1A category with me as spouse)
    Just before filing I-140 Petition, July 2007, my mother was diagnosed with terminal cancer so we put application on ice.
    By start of 2008 my mother had made a good recovery so my husband filed his I-140 Petition but NOT the I-485 (permanent residency application). The I-140 was processed & we are now about to file I-485.
    I understand that I-485 processing takes about 3-4 months & during that time we can not leave US.
    However I am very concerned that during this time, in the event of an emergency with my mother's health, my travelling to UK will nullify our application. Is there no emergency visa/travel waiver whatsover?
    (fyi: my O-1 expires March 2009)

    thank you, ZS

  • #2
    Advance parole ...

    ... AP is required to travel while I485 is in process.

    Comment


    • #3
      Originally posted by knowledgeable
      ... AP is required to travel while I485 is in process.

      I understand this, thank you;
      my question is:

      while I am waiting for AP to come through (usually 90 days)
      what can I do if my mother has an emergency?
      can I get an emergency AP & travel without 'abandoning' my I-485 application?

      Comment


      • #4
        This is what ...

        ... I got from the I-131 filling instructions on the USCIS web site:


        When mailing in this request, please notate the outside of the envelope with the word EXPEDITE. It is recommended that two pre-paid, self-addressed express mailers, e-mail addresses, and a fax number be provided with any expedite request for the Re-entry Permit or Refugee Travel Document. If the expedite request is granted and you provide prepaid, self-addressed express mailers, we will use the pre-paid mailers to send you the ASC appointment notice and travel document upon completion. If you do not provide pre-paid mailers, the appointment notice and travel document will be sent via regular mail.

        Comment


        • #5
          Originally posted by zsnyc
          I understand this, thank you;
          my question is:

          while I am waiting for AP to come through (usually 90 days)
          what can I do if my mother has an emergency?
          can I get an emergency AP & travel without 'abandoning' my I-485 application?
          You can request (at your local USCIS office) for your AP application to be expedited (they send a request to the NBC) but, it is up to the NBC to accept it or not.

          For the most part, you will have to wait those 60-90 days.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

          Comment

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