Brit needs help with Advanced Parole?!?!

[walshy1980]

What is the name of your state?CA

Hi, I would really appreciate any advice that can be given. I am a Brit, in the US on an 3 year R1 visa. I have been here 2 years and married a US citizen 6 months ago. Everything has been done completely legally and above board. Due to financial constraints we have been unable to file our paperwork until now. We have all the necessary forms and we about to file, however...

We are planning on returning to England for two weeks over the Christmas period. I am well aware that if I start the process of changing my status and travel outside of the US without an advanced parole to travel then i will likely be refused entry upon my return. So this is not an option. My question is; bearing in mind that our case should be completely straight forward, how long should it take to receive an Advanced Parole if I file on October 1st?

Again, any advice would be extremely welcomed.

Thanks in advance

Tim Walsh

 

[evcalyptos]

What is the name of your state?CA

Hi, I would really appreciate any advice that can be given. I am a Brit, in the US on an 3 year R1 visa. I have been here 2 years and married a US citizen 6 months ago. Everything has been done completely legally and above board. Due to financial constraints we have been unable to file our paperwork until now. We have all the necessary forms and we about to file, however...

We are planning on returning to England for two weeks over the Christmas period. I am well aware that if I start the process of changing my status and travel outside of the US without an advanced parole to travel then i will likely be refused entry upon my return. So this is not an option. My question is; bearing in mind that our case should be completely straight forward, how long should it take to receive an Advanced Parole if I file on October 1st?

Again, any advice would be extremely welcomed.

Thanks in advance

Tim Walsh

Tim, that's cutting it very close for an AP approval, especially in California. If there is any way you can beg or borrow the money, I encourage you to file now.
It would be worth finding out -in person- if you can maintain your R status during your AOS.

There are numerous low/no cost immigration assistance agencies. Try Catholic Charities, or the Cal Bar has an office in the Immigration Building in LA for example, that offers reduced cost consultations.

 

[walshy1980]

Thanks for your quick reply Evcalyptos, very appreciated. What do you mean by "maintaining your R status?" What would this mean and how would it help?

Having searched through the forum for other posts relating to Advanced Parole, I think I am resigning myself to the fact that it could take a very long time and that even with an advanced parole it is not necessarily safe to travel. There appears to be a lot of horror stories of couples seperated in different countries, tring to get re-united and several people have advised not to travel outside of the US at all while AOS is underway. I'm just thankful I am here and so is my wife.

Even if I filed now, plane tickets to the UK are very expensive and only getting moreso toward christmas, therefore, without knowing whether or not I would get AP in time leaves me with no choice but to abandon that thought.

Thanks again for your help.

Tim Walsh

 

[evcalyptos]

Thanks for your quick reply Evcalyptos, very appreciated. What do you mean by "maintaining your R status?" What would this mean and how would it help?

Having searched through the forum for other posts relating to Advanced Parole, I think I am resigning myself to the fact that it could take a very long time and that even with an advanced parole it is not necessarily safe to travel. There appears to be a lot of horror stories of couples seperated in different countries, tring to get re-united and several people have advised not to travel outside of the US at all while AOS is underway. I'm just thankful I am here and so is my wife.

Even if I filed now, plane tickets to the UK are very expensive and only getting moreso toward christmas, therefore, without knowing whether or not I would get AP in time leaves me with no choice but to abandon that thought.

Thanks again for your help.

Tim Walsh

You have permission to be in the US with your R visa. Visa is for entry, status is what you have after entry. Some non-immigrants may maintain their NI status during the wait for Adjustment of Status/AOS. I don't know the rules for the R category, but IF you are allowed to travel under that visa, AND you maintain your R status by doing whatever you are supposed to be doing here as an R, you MAY be able to travel on your R visa. I would most definitely get a legal opinion on this before you do anything.
Or, you might not be doing any of the R duties anymore and are not entitled to the benefits of R status. In that case, you would require AP without a doubt.

As to this forum and stories, I'll say this: this is not a reliable source for that type of information for a couple of reasons. The people who post here usually do so because they have a major problem and/or a very unusual case. Your is a fairly normal marriage-based AOS.

You read horror stories because there is a problem. The 90% of poepole who never have a problem do not come online to say 'wow, the system works so great!' There are other forums where people DO post that information, which is how I form my opinion.

The AP processing situation has recently changed. Not many people have posted about AP since this summer when the processing changed.

Airfare to the UK hits rock bottom for the year for flights on/after Nov 1. If you're going from California, the cheapest has always been on of the Virgin direct flights. BA is offereing screaming deals out of NYC right now, if you can get there for around $200 return.

If you have another reason to believe you would not be re-admitted with AP, that you haven't disclosed, understand that my posts are based on what you DID say.

You have plenty of time to solve this. If you want to go for a visit, I suggest a bit more persistance.
Find out the details of the R (try uscis.gov) and seek a consultation. Free and low cost solutions are discussed at uscis.gov
Check out the airfare rules and what the change ticket penalties are if you have to change your travel dates.
Beg/borrow (hey, I eliminated steal!) the money to file your AOS + AP now if your R status doesn't help you.
Visit other marriage-based imigration forums for a more realistic view of rrent AP timelines and remember that there are no guarantees.

Courage!

 

[walshy1980]

Evcalyptos, thanks for all your advice chief. I will go ahead and get everything filed asap. If the AP arrives soon then that will be an nice surprise and if the fares are still low then perhaps we will still go. Bearing in mind that our case is a textbook and very straightforward case should I hire an immigration attorney. I was contemplating do so, just to ensure that everything was filed exactly as needed and no unnecessary errors slowed things down. I had chatted with immigattylana previously, as she also lives very close, but it doesn't look like she has been on here for a month or so. Do you know if she is still around or contactable? Are you, yourself an immigration attorney, or can you recommend a good/reasonably priced one?

Again, your response and advice is above and beyond the call and much appreciated.

Thanks

Tim Walsh

 

[evcalyptos]

Tim, I'm not an attorney of any flavor and I don't like to comment on whether or not someone 'needs' a lawyer to file their case. I will say, be very careful with all of your applications and perhaps look for another forum where people discuss marriage based AOS daily to ask questions.

There is another option, besides hiring a lawyer for your entire case, and that is to pay for a consulatation to have them review your paperwork for errors, or ask case specific questions (like your R issue). I also gave you several leads for legit immigration services that are less expensive than hiring a lawyer. The trade group for immigration attorneys is at www.aila.org and while membership itself is not an endorsement, it's a good sign that they take their specialty seriously. Keep in mind that family based cases are different from employment and make sure you're talking to the right person.

I don't know what's become of Lana; I haven't seen her posting for ages. Since this is something she does pro bono (aka for FREE) I imagine she has to limit her time here.