I-131 Advance Parole

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Old Nov 24th 2010, 1:59 pm
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Default I-131 Advance Parole

Hi to all you wise owls. When my daughter and I filed all our documents to AOS, this iincluded I-131. I am still waiting for my biometrics appointments for the I-485 and EAD but...... my question about this is......

can I return to the UK if my case is still in process? How long does is usually take for the I-131 to be processed and, if I don't get it before my planned trip on January 27th, can I be confident that I will be allowed re-entry into the USA in February 2011?

I have received the I-797c receipt notification for the I-131 and, upon checking "my case status" on USCIS website, it is still at the intial review stage. Although my documents were sent at the beginning of October to the Chicago Lockbox (received dated October 08, my notice date states the Lee's Summit NCSV received them on October 18th.

The Lee's Summit, MO service center does not show on the processing times option on the USCIS website.

Any comments would be welcome.
Thank, Gloria
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Old Nov 24th 2010, 2:14 pm
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Default Re: I-131 Advance Parole

Originally Posted by usanewlife
Hican I return to the UK if my case is still in process?
Once you have AP in hand, yes. Edit to clarify: You can leave the USA at any time with no problem. You will need AP in hand to get back in the USA.

How long does is usually take for the I-131 to be processed...
About 60 days from filing AOS.

... and, if I don't get it before my planned trip on January 27th, can I be confident that I will be allowed re-entry into the USA in February 2011?
No. You need AP in hand before leaving the USA.

Rene

Last edited by Noorah101; Nov 24th 2010 at 2:19 pm.
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Old Nov 24th 2010, 2:42 pm
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Default Re: I-131 Advance Parole

Originally Posted by Noorah101
Once you have AP in hand, yes. Edit to clarify: You can leave the USA at any time with no problem. You will need AP in hand to get back in the USA.


About 60 days from filing AOS.


No. You need AP in hand before leaving the USA.

Rene
Thanks Rene. Hopefully I will get it sooner rather than later so that I can book my flights. On reading some of the posts, it does seem that receiving post is an issue. When I received all my I-797c notifications (4) they were all sent separately but ALL came in unsealed envelopes. Is it worth me checking my staus on a daily basis? Thanks Gloria
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Old Nov 24th 2010, 2:45 pm
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Default Re: I-131 Advance Parole

Originally Posted by usanewlife
On reading some of the osts, it does seem that receiving post is an issue. When I received all my I-797c notifications (4) they were all sent separately but ALL came in unsealed envelopes.
Ours all came in sealed envelopes. If you are having a problem with mail delivery in your area, you'll need to speak to your mail carrier or the post office branch that deals with your address.

Is it worth me checking my staus on a daily basis?
You can keep checking online, if you want...but don't leave the USA until you actually have the AP document in your hand.

Rene
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Old Nov 24th 2010, 2:52 pm
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Default Re: I-131 Advance Parole

Originally Posted by Noorah101
Ours all came in sealed envelopes. If you are having a problem with mail delivery in your area, you'll need to speak to your mail carrier or the post office branch that deals with your address.


You can keep checking online, if you want...but don't leave the USA until you actually have the AP document in your hand.

Rene
The 4 envelopes had not even been sealed! I am lucky the notices had not fallen out. I am just a little anxious about getting AP as I don't want to miss my mother's 80th birthday. I am usually a very patient person but this is a testing time. Thanks
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Old Nov 24th 2010, 3:30 pm
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Default Re: I-131 Advance Parole

Originally Posted by usanewlife
The 4 envelopes had not even been sealed! I am lucky the notices had not fallen out. I am just a little anxious about getting AP as I don't want to miss my mother's 80th birthday. I am usually a very patient person but this is a testing time. Thanks
I don't understand why you didn't just apply for a visa and take the stress out of it then? I just read your post that said you've been traveling here for 7 years. If you knew you wanted to move, (you do know it's permanent, right?) and that you had commitments at home (your mother's b-day), why bother doing it like this?
Very curious.
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Old Nov 24th 2010, 5:48 pm
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Default Re: I-131 Advance Parole

Originally Posted by usanewlife
I am just a little anxious about getting AP as I don't want to miss my mother's 80th birthday.
With respect, there's absolutely no reason why you can't make your mum's 80th birthday. As Rene noted, you can leave the US any time you want.

The only thing you need to know, is that if you leave without first having AP in your hands, your application for adjustment will be deemed abandoned, and your daughter will need to petition you for a visa. Very often, in terms of immigration, you can't have it both ways. It may be inconvenient, but it isn't the end of the world!

Ian
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Old Nov 24th 2010, 6:14 pm
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Default Re: I-131 Advance Parole

May I inquire, What non-immigrant status in the US did you have prior to submitting your application ?
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Old Nov 24th 2010, 9:29 pm
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Default Re: I-131 Advance Parole

Originally Posted by meauxna
I don't understand why you didn't just apply for a visa and take the stress out of it then? I just read your post that said you've been traveling here for 7 years. If you knew you wanted to move, (you do know it's permanent, right?) and that you had commitments at home (your mother's b-day), why bother doing it like this?
Very curious.
My daughter is ill, hence why we took the decision for me to adjust status. If I don't get the AP prior to January 27th then I will join the party via skype...
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Old Nov 24th 2010, 9:32 pm
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Default Re: I-131 Advance Parole

Originally Posted by ian-mstm
With respect, there's absolutely no reason why you can't make your mum's 80th birthday. As Rene noted, you can leave the US any time you want.

The only thing you need to know, is that if you leave without first having AP in your hands, your application for adjustment will be deemed abandoned, and your daughter will need to petition you for a visa. Very often, in terms of immigration, you can't have it both ways. It may be inconvenient, but it isn't the end of the world!

Ian
Thanks Ian. We filed all documents together, including my daughter's petition for me. The petition has been accepted and is currently going through the review process. I won't run the risk of leaving US without AP.
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Old Nov 24th 2010, 9:37 pm
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Default Re: I-131 Advance Parole

Originally Posted by A I
May I inquire, What non-immigrant status in the US did you have prior to submitting your application ?
Hello A I, my daughter is a US citizen and petitioned for me (I-130) which we sent with my I-485 and I-131.
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Old Nov 24th 2010, 9:43 pm
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Default Re: I-131 Advance Parole

Originally Posted by usanewlife
... my daughter is a US citizen and petitioned for me (I-130) which we sent with my I-485 and I-131.
That didn't really answer the question. AI inquired about your non-immigrant status... not about your daughter's.

Ian
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Old Nov 24th 2010, 9:53 pm
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Default Re: I-131 Advance Parole

Originally Posted by usanewlife
Hello A I, my daughter is a US citizen and petitioned for me (I-130) which we sent with my I-485 and I-131.
A I was asking what status YOU had in the USA prior to filing AOS.

Rene
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Old Nov 24th 2010, 9:56 pm
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Default Re: I-131 Advance Parole

Originally Posted by ian-mstm
That didn't really answer the question. AI inquired about your non-immigrant status... not about your daughter's.

Ian
I entered the US on the VWP as a visitor.
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Old Nov 24th 2010, 9:58 pm
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Default Re: I-131 Advance Parole

Originally Posted by Noorah101
A I was asking what status YOU had in the USA prior to filing AOS.

Rene
Thanks Rene and Ian. I have posted my reply.
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