kariml

We filed for my husband's AOS/EAD in Sept., but we are just now filing for AP. The instructions seem a little vague and I just want to make sure I do this right since it has to be mailed in.
It reads "you must attach a copy of any document for yourself issued by the Service showing any present status in the US, and an explanation or other evidence demonstrating the circumstances that warrant issuance of advance parole."
- Would a copy of his EAD and SS card be OK?
- And is the explanation supposed to be an additional attachment or is this the same as Part 4?
- It also asks for a filing receipt. We filed in person and were given a very non-official hand written receipt. Is this OK?
- Are the 2 photographs required? I couldn't figure out if it is for filing outside vs. inside the US.
- Part 3 asks for intended departure date. We have no idea, sometime next year. Do we just give an estimate?
- On Part 4 is it acceptable to just write we want to visit family? And I don't know what other countries (besides Germany) we intend to visit. What am I supposed to put here?

I'm sorry for all the questions, but this form is confusing to me for some reason

Kari

blenky16

In my applications (I have done 2 AP applications in the past), I have simply completed the form and written a letter explaining why I wish to be granted AP. I also attached 2 photographs (taken within 30 days of appication) that were the slightly turned showing my right ear, 1 1/2" x 1 1/2".

As for the reasoning, I am not sure, but in my experience, I was denied my second application because the situation was not an Emergency. They told me specifically that APs are only granted in an emergency basis, and that my reason of wanting to spend Christmas with my family in Canada was not good enough. Previously I was awarded an AP document because my grandfather was sick with cancer during the summer, and I wanted to visit him in case something were to happen to him. That one was approved.

Anyways, just what happened in my situations. I think I have heard others on the boards who have been approved for simple leisurely travel.

Cheers,
Sean

kariml

Really? And I assume you did get your $110 back after it was denied?
Hmmm, now I'm not really sure if it is worth filing for. We want to travel "sometime" next year, but our AOS could be approved by then. Who knows.....

Matthew Udall

I always attach a sheet explaining how my client entered the U.S., when she entered, when she married, when she filed AOS (or say I’m filing this I-131 along with the I-485), that she has never accrued 180 continuous days of unlawful presence (but only say that if that is the truth…. And if one has over 180 days of continuous unlawful presence than don’t file for AP!), and therefore would not be subject to a 3 or 10 year ban upon return with the advanced parole.

I then go on to describe the trips (usually more than one to increase the odds of receiving an AP good for 1 year and good for multiple reentries).

They have liberalized the requirement that the trip must be for emergent reasons, and I’ve never had one yet denied because the reason for the travel was not good enough (Heck, I even got Newark USCIS, one of the tougher offices out there, to expedite the last AP I had my clients file there… issued it on the day my clients went in to file it, and it was just for a pleasure trip). Therefore I think Sean’s experience was a little unusual in that regard (and no, of course they would not refund his $110.00 filing fee… that fee is for them to accept and adjudicate the form, and a denial “is� an adjudication).

I’ve ran across a District office or two that wanted 3 ADIT photos, not two… but now that these will soon all be going to the NBC for processing, perhaps we will be more consistency in that regard soon.

Have a nice trip.

blenky16

Like I said, I think my case was strange, I, like Mr. U states, have heard many people getting AP for pleasure travel. I guess what I neglected to mention in my first post was that the Officer actually came out with my AP application and told me it would not be approved, he gave it back to me and told me to save the $110, but he also said that he had one last check to do on my AOS, and that he would do right there in person, and low and behold he was able to simply give me my I-551 stamp. So I can't honestly say for sure whether it truly would have been squashed if I filed the AP, or if he just said that (and talked about the "emergency" rule) just to say it.

Anyways, Mr. U definitely stated it pretty clearly above, don't be scared to file, it should go through... but let's hope you simply get your AOS done before hand like me!!

One question though, for whomever may have the answer, do you normally have to have defined travel dates (i.e. proof of the actual travel), or does that just strengthen the case?

Cheers,
Sean

Matthew Udall

Wow, this particular USCIS officer bent over backwards to help you. I hope you shook his hand and thanked him more than once.

Saved you $110.00 by saving himself the trouble of feeing in and adjudicating the case…. And instead approved your AOS. Outstanding!

blenky16

Yes, I was very thankful for him (damn near hugged the guy after finally getting my I-551 actually)... he has been a very nice guy right from the day I met him at my AOS Interview. Others who have had him on this list have also mentioned he has been helpful, and sometimes goes out of his way to do things. Not something you always see, I am sure.