Need advise on Emergency travel and getting an Advance Parole

[shiva_82]

I am adjusting my status from a L1A through EB1C. My wife had to travel due to her father's death. My L1A just expired and an extension was applied just a week back. As the death happened over the weekend and as my wife had to travel immediately, she couldn't get an emergency AP based on her pending 485. Our EAD/AP application is also still pending.

I was hoping to get emergency AP for me and my son so that we can travel in a few days. At that time when I will be requesting an emergency AP, I was hoping that I could request for the officer to issue an emergency AP for my wife who had to leave due to this emergency.

Can you please advice on

1. Will my wife be considered to have abandoned her AOS?
2. Are there any other options for my wife to travel back without impacting her AOS processing?
3. Does anyone have an experience of getting an Emergency AP post travel outside of US under humanitarian reasons?

[rkk09]

Hi Member,
Deep regret to hear sad news.
Please see my response below.
1. Will my wife be considered to have abandoned her AOS?
Answer: As per USCIS news,
You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States. Failure to do so may cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

Therefore, Please make sure to apply emergency advance parole before you leave the country.

2. Are there any other options for my wife to travel back without impacting her AOS processing?
Answer: What my recommendation is, Instead of looking for advance parole, why dont you consider Nonimmigrant status renewal? If you are on L status and it is under renewal processing, while she is coming back, she can go for L2 visa interview at consulate, get visa stamped and with that she can travel back to the country.
Thanks

[shiva_82]

Hi Member,
Deep regret to hear sad news.
Please see my response below.
1. Will my wife be considered to have abandoned her AOS?
Answer: As per USCIS news,
You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States. Failure to do so may cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

Therefore, Please make sure to apply emergency advance parole before you leave the country.

2. Are there any other options for my wife to travel back without impacting her AOS processing?
Answer: What my recommendation is, Instead of looking for advance parole, why dont you consider Nonimmigrant status renewal? If you are on L status and it is under renewal processing, while she is coming back, she can go for L2 visa interview at consulate, get visa stamped and with that she can travel back to the country.
Thanks

Thank you. Like you mentioned, option 2 is the cleanest but the problem with that is time. I have bumped my case to premium but there are two problems, 1. L1A cases typically gets RFE which adds time to the processing and 2. There is a huge wait in getting appointments for visa stamping at the consulate in India. At this time there are no appointments available until October next year.

Considering these I'm trying to get an emergency parole and an exceptional one in her case even while she has left the country without getting an AP.

Have you seen any cases in the past where such an exception was granted for someone?

[rkk09]

Hi Member,
Have you seen any cases in the past where such an exception was granted for someone?
Answer: In my experience, No. I have not seen these kind of exceptions beneficiaries have got.
Good Luck.
Thanks

[shiva_82]

Hi Member,
Have you seen any cases in the past where such an exception was granted for someone?
Answer: In my experience, No. I have not seen these kind of exceptions beneficiaries have got.
Good Luck.
Thanks

Thank you