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i-131 renewal with pending 485

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  • i-131 renewal with pending 485

    Need to renew a 131 and 765 while 485 is still pending.

    Do I need to send all the evidence and passport photos again? And what about these questions:
    • A copy of an official photo identity document;
    • Two identical passport-style photographs of yourself taken within 30 days of the filing of this application;
    • A copy of any document showing your current status in the United States;
    • Evidence that your trip is for educational, employment, or humanitarian purposes;
    • An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document;
    • A copy of a USCIS receipt as evidence that you filed the adjustment application, if you are an applicant for adjustment of status; and
    • A copy of the U.S. consular appointment letter, if you are traveling to Canada to apply for an immigrant visa.

    I don't recall sending those last time, and I thought you were allowed to get AP for any reasons, not just Educational, Employment, or Humanitarian reasons. Do I need to send a letter saying what the 131 is for? Like to visit or for medical treatment?

  • #2
    AOS applicants do not need to provide any purpose or explanation. The I-131 instructions 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
    (4) If you are traveling to Canada to apply for an immigrant visa, a copy of the U.S. consular appointment letter;
    or
    (5) If USCIS has deferred action in your case under DACA, [...]
    See the "or"s, which means that any one of them is enough. So as long as you attach a copy of the I-485 receipt, you don't need any of the items 2, 4, or 5.

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

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