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AP while applying for AOS (I-485) while in US - restricted?

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  • AP while applying for AOS (I-485) while in US - restricted?

    If I understood the I-131 instructions correctly, one needs to have "urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a
    personal or family emergency or bona fide business reasons in order to apply for Advance Parole.

    Wanting to travel abroad for vacation or visiting family members (non-emergency) is not considered as a valid reason to apply for AP while on AOS.

    Did I understand correctly? Sounds like not much benefit in applying concurrently with I-485, and better to exclude AP application for now and consider filing it later in case of any unplanned need. Please do help to confirm my understanding. Thanks!
    Last edited by verbose; 07-06-2020, 11:12 PM.
    USC filed AOS for parents on B2. I am not a lawyer.
    Timeline
    2020
    7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
    8/4 <— Checks cashed
    8/5 <— I-797 SMS
    8/24 <— Biometrics completed
    10/19 <— I-485 ("New Card Is Being Produced")
    10/20 <— I-130 and I-485 ("Case Was Approved")
    10/22 <— I-130 and I-485 Approval notices received
    10/28 <— Green card#1 received
    11/07 <— Green card#2 received


  • #2
    You are not asked to provide any reason to apply for AP as an AOS applicant. When you get your AP, you can use it for vacation or whatever you like.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Hmm, thats what I thought it should be too....but...

      I-131 instructions say:


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      I-131 form says:

      Part 4. Section 1.a. Purpose of Trip
      1.b. List of countries you intend to visit
      and

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      Last edited by verbose; 07-06-2020, 11:48 PM.
      USC filed AOS for parents on B2. I am not a lawyer.
      Timeline
      2020
      7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
      8/4 <— Checks cashed
      8/5 <— I-797 SMS
      8/24 <— Biometrics completed
      10/19 <— I-485 ("New Card Is Being Produced")
      10/20 <— I-130 and I-485 ("Case Was Approved")
      10/22 <— I-130 and I-485 Approval notices received
      10/28 <— Green card#1 received
      11/07 <— Green card#2 received

      Comment


      • #4
        Originally posted by verbose View Post
        I-131 form says:
        Part 4. Section 1.a. Purpose of Trip
        1.b. List of countries you intend to visit
        You're not supposed to get to Part 4. If you look on the bottom of page 2 of the I-131 form, non-DACA AP filers are supposed to skip from the middle of Part 3 to Part 7.

        Originally posted by verbose View Post
        and

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        It says "See instructions", and if you see instructions, for the initial evidence for applying for AP for someone in the US (on page 9 of I-131 instructions), 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 you can provide any one of (2), (3), or (4). For an AOS applicant, they can provide the I-485 receipt (item 3), and not need to provide an explanation (item 2).

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          You are right, Sensei!
          I have filled up both EAD and AP for parents, and will plan to include.
          USC filed AOS for parents on B2. I am not a lawyer.
          Timeline
          2020
          7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
          8/4 <— Checks cashed
          8/5 <— I-797 SMS
          8/24 <— Biometrics completed
          10/19 <— I-485 ("New Card Is Being Produced")
          10/20 <— I-130 and I-485 ("Case Was Approved")
          10/22 <— I-130 and I-485 Approval notices received
          10/28 <— Green card#1 received
          11/07 <— Green card#2 received

          Comment


          • #6
            Originally posted by verbose View Post
            If I understood the I-131 instructions correctly, one needs to have "urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a
            personal or family emergency or bona fide business reasons in order to apply for Advance Parole.

            Wanting to travel abroad for vacation or visiting family members (non-emergency) is not considered as a valid reason to apply for AP while on AOS.

            Did I understand correctly? Sounds like not much benefit in applying concurrently with I-485, and better to exclude AP application for now and consider filing it later in case of any unplanned need. Please do help to confirm my understanding. Thanks!
            I don't think need to offer "urgent humanitarian reason" etc if you have a pending I-485. At the same time, I think you don't need pay the application fee for ap and EAD with pending i-485, concurrently filling. If you need filed expedite to get your ap quick, then you have have to provide them reasons and evidence

            Comment


            • #7
              Thanks hui123456 - that makes sense.
              USC filed AOS for parents on B2. I am not a lawyer.
              Timeline
              2020
              7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
              8/4 <— Checks cashed
              8/5 <— I-797 SMS
              8/24 <— Biometrics completed
              10/19 <— I-485 ("New Card Is Being Produced")
              10/20 <— I-130 and I-485 ("Case Was Approved")
              10/22 <— I-130 and I-485 Approval notices received
              10/28 <— Green card#1 received
              11/07 <— Green card#2 received

              Comment

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