Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: I filed an I-485 with an application for employment authorization and advance parole based on my marriage with a U.S citizen. It has been five and half months, but I still haven’t received any updates other than my biometrics appointment. I have done three service requests but have received no response. What can I do? I need the advance parole to go back to my home country as my father is sick.
THE IMMIGRATION ANSWER MAN – ARI SAUER: It is not unusual right now for it to take 5 or 6 months for USCIS to issue the card that serves as a combination Employment Authorization Document (EAD) and Advance Parole travel document. Sometimes it is taking a bit longer. This is especially true where USCIS has issued a Request for Evidence for the I-485 application or the applications for the EAD or Advance Parole. I encourage you to continue to make service requests with USCIS, or even to request assistance from your Congressman’s or Senator’s office (if you have an attorney representing you, ask them first before doing this). However, USCIS’s responses to these inquiries are usually not very helpful. These inquiries are most helpful where a case is taking a long time because it has “fallen between the cracks” and these inquiries can help to get the case back on track.
However, if your father is extremely sick, for example to the point where waiting for USCIS to issue the advance parole might result in him passing away before you are able to visit with him, you might be able to get USCIS to issue the advance parole document under their Expedited Request procedure. At a minimum, you would need a letter from his doctor to prove that he is that sick. The current procedure for asking for an Advance Parole to be issued under Expedited Request is to make an Infopass appointment with your local USCIS field office (if your local USCIS field office does not have any infopass appointments available in the time you need, you could try going to the USCIS office without an infopass appointment) and to file a new application for Advance Parole, and additional required proof, including proof of the emergency (you shouldn’t have to pay a filing fee where your I-131 application is based on a pending I-485 application, but sometimes new filing fees for the form are required to be paid). Otherwise, you will just need to wait a little bit longer. It should come soon.
Other situations where USCIS may consider expediting an application include:
• Severe financial loss to company or person;
• Emergency situation, for example where the applicant is gravely ill;
• Humanitarian reasons, for example, the outbreak of war in the applicant’s home country;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States, for example, an organization broadcasting in regional areas to promote democratic interests;
• Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
• USCIS error; or
• Compelling interest of USCIS.
Please note, however, that USCIS will normally only grant an expedite request in more extreme situations. The procedure for requesting the expedited processing of other petitions and applications is often different than the procedure for requested expedited processing of an application for Advance Parole document explained above. Expedite Processing is not available for those petitions that can be filed with USCIS using Premium Processing.
Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to firstname.lastname@example.org. Questions submitted by email will be posted without personal information unless specifically requested. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship.
* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari. On this blog, we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing, and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York, and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of the Siskind Susser law firm.