Advanced Parole Question

[Hemyock100]

Does anyone know if the biometrics appointment (as part of the filing of the adjustment of paperwork) has to be completed before the Advanced Parole document is issued?

I married my Ukrainian lady on Nov 7th 2009 and sent in the adjustment of status and Advanced Parole paperwork right away (I received the I-797C NOA acknowledging receipt of both).  My lady had to leave the USA just before Christmas and the Advanced Parole had not turned up and she had not had her biometrics appointment for Green Card either.  No I am concerned that the USCIS is waiting for biometrics to be complete before issuing the Advanced Parole document.

Any input would be much appreciated

Thank You

Hemlock

[Vaughn]

I am fearing the worst oif situations here. I have a friend who, back in 2003 or so, sent his
wife home without the AP document. They were forced to file a K-3 to get her back to the
USA. That was a long and time-driven process.

Am I clear on your situation? She came here on a K-1 and went back without AP?

[viking]

I need to agree with Vaughn here. Leaving before you have your AP is not good. The AP is what allows you to return. Was there an urgent reason for her to go back to the Ukraine? When was she planning to return back to the states?  If her AP shows up while she is still in the Ukraine I am not sure if mailing it to her will still allow her to return.

[Rutherford]

This was not a smart move , to leave before the  AP came through.
Yes, mailing it to her should suffice , it's whats needed to return .
It took my wife 2 months to receive her approval  for travel .
Just 3.5 months to get a GC.

[roykirk]

Just to echo the other posts...your wife is in big trouble, there's no way to polish it up.  If you're lucky, the AP or Green Card will arrive before she is set to return and then you can just FedEx it to her.  If not, they will NOT allow her back in the country.  I would speak to an immigration lawyer and do some research on visajourney.com.  There may be some special paperwork you could file with the consulate to sort this out, but it's going to take time.  In any case, she is not coming home any time soon unless that GC or AP shows up.  Sorry to be so negative, but it's important you realize how dire the situation is.  

To answer your original question - The biometrics appointment is not necessarily required before getting an AP issued.  My wife received hers before her biometrics appointment, but every case is different.

[OlgaH]

Hemyock100,


When I received I-797, Notice of Action (or biometrics appointment) after I-797C it was written (in capital and bold)


PLEASE APPEAR AT THE BELOW APPLICATION SUPPORT CENTER AT THE DATE AND TIME SPECIFIED. IF YOU FAIL TO APPEAR AS SCHEDULED, YOU APPLICATION WILL BE CONSIDERED ABANDONED.

When I traveled with I-797C to Russia I did not have any problems and they did not ask me for I-797 with biometrics processing stamp though I had it.

Your wife should not miss the biometric appointment or you need to complete a request for rescheduling as it is noted in I-797.

[OlgaH]

Good thing that Robert and I did before my trip to Russia we took my I-797C and went to a local USCIS department and they placed a red stamp in my Russian international passport

"Upon endorsement, serves as temporary I-551 evidencing permanent residency for one year".

[Simoni]

"My lady had to leave the USA just before Christmas and the Advanced Parole had not turned up and she had not had her biometrics appointment for Green Card either.
Any input would be much appreciated."
Thank You

Hemlock

Your post concerns me.  How did you "think" she would get back into the country?

If I were you, I'd PM a member here named "William III."  He is an immigration lawyer and an expert in these matters.

[OlgaH]

I'm sorry I confused information. My bad. I had I-797C not for adjustment of status but for removal of conditions.

So, the big question is as Simoni asked, and without biometrics she will not be able to get her GC.

[OlgaH]

My lady had to leave the USA just before Christmas and the Advanced Parole had not turned up and she had not had her biometrics appointment for Green Card either.

if she has not Advanced Parole (reentry permit) she will not be able to return.

June 30, 2009
RE-ENTRY PERMITS AND REFUGEE TRAVEL DOCUMENTS
http://www.uscis.gov/files/article/I-131_QA.pdf

If the foreign national leaves prior to issuance of the advance parole document, his or her application for adjustment of status will be considered abandoned. There are certain exceptions to this consequence as listed below.

Individuals in H-1B (Specialty Workers) and L-1 (Intracompany Tranferee) status, and their dependents (H-4 and L-2), who maintain their status and possess valid visas;

Individuals in V-2/3 visa status who maintain valid V nonimmigrant status and possess a valid V visa or who will obtain a V visa before applying for readmission to the United States;

Individuals in K-3/4 nonimmigrant status who have maintained their status and possess a valid nonimmigrant visa or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the United States. (Note: Upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to be eligible for that status.)
Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for an advance parole document.

Q. Can I apply for Advance Parole if I am out of Unites States?
A. No. You need to be in the US on the date the advance parole application is filed by you or your attorney. This is true for both initial advance parole applications and any renewals that may follow. You should apply for your advance parole before you travel.

[Vaughn]

Verbatim from the USCIS website....

"You do not need to submit fingerprints for this (I-131, Application for Travel Document) form."

The fingerprint notification (in the form of another I-797, Notice of Action) will be mailed to the home.
Just as an example, my wife and daughter received such notices in late November. The appointment
was scheduled for 4 December. On the form it states that "if you are unable to appear at this time,
you may go on any following Wednesday at the same time noted, as long as you appear before 2/26/2010.
So, if this example is average, you may have about 2.5 months time before the application to which the
biometrics appointment is tied (in this case, likely the EAD I-765) is considered abandoned.

If you're lucky, the AP or Green Card will arrive before she is set to return and then you can just FedEx it to her.  If not, they will NOT allow her back in the country.

The GC arriving by mail would be ideal, but in this case I'm doubting they've even interviewed yet. It's
not likely. The AP document - we picked ours up so I'm not sure - do they mail those to the home? If
so, he could FedEx it to her - but I'd be walking on eggshells when she tries to get through Passport
Control, fearing some clerk would notice she departed the USA before the effective date printed on
the form. Long shot, and speculating now...

Reading through the OP's history of posts, there is a son back home who's finishing school. There is no
point speculating on why his wife had to return to Ukraine - the reason has no bearing on the issue he
now faces...

Charlie! Care to come back and update us?
And by all means, contact William III or another immigration attorney.

Vaughn

 

[OlgaH]

The GC arriving by mail would be ideal, but in this case I'm doubting they've even interviewed yet. It's
not likely. The AP document - we picked ours up so I'm not sure - do they mail those to the home? If
so, he could FedEx it to her - but I'd be walking on eggshells when she tries to get through Passport
Control, fearing some clerk would notice she departed the USA before the effective date printed on
the form. Long shot, and speculating now...

Vaughn, I doubt they will issue GC without biometrics taken first.

[Vaughn]

Vaughn, I doubt they will issue GC without biometrics taken first.

You are absolutely correct. But receipt of AP by post, and a sleepy Passport Control clerk
just might make a great "She's Home" Report.

I sense a K-3 is the only way out of this mess. Or he could just move to Ukraine   

[roykirk]

I concur with Vaughn and Olga; there is no way a Green Card is going to arrive without biometrics.  I've been a member of Visa Journey for a long time and there are a lot of amazing stories out there, but I've never once heard of someone getting a GC without first having their biometrics appointment. 

AP, however, can be received before biometrics and also by U.S. Mail.  My wife received her AP by postal mail and also before biometrics.  AP arrived about 1 month after we applied and GC arrived just over a month after biometrics for a total time of 3.5 months to get GC after initial filing of AOS. 

[OlgaH]

But receipt of AP by post, and a sleepy Passport Control clerk
just might make a great "She's Home" Report.

Question to Hemyock100 "Was biometrics for her AP required"?

Because there is the highlighted information about it in instruction.

If biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied   

[GQBlues]

I concur with Vaughn and Olga; there is no way a Green Card is going to arrive without biometrics.

Absolutely. The biometrics is a very important component of her immigration process and it goes into the database to be used for all her future progressive immigration procedure. No bio, no GC. When the GC conditions are dropped and she progressed to PR, she'll need to submit to biometrics for match and again when she files for citizenship. She's forever in the (BBBBB) big brother big black book.

Advance Parole is a completely separate animal and has nothing to do her AOS. It is, for a lack of a better term, a luxury provided for newly immigrating persons.

Ironic there's so much bureaucratic nonsense process we all have to follow considering there's at least 15 million aliens who not only skipped the entire process but actually expect full citizenry entitlements. But,sigh, this is for another thread or forum altogether.

My suggestion is for the OP to consult an immigration attorney ASAP.

[Vaughn]

If biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied   

The key word is IF...   there is no biometric requirement specifically tied to Advance Parole. My wife
and daughter visited home for the first time around the end of 2003. By November that year, AP still had not
appeared, so we visited the local office, cited urgency, and they issued 2 documents on the spot.

Biometrics (for us at least) came 4 months later. GC a month after that.

[Blues Fairy]

Before taking any drastic steps, call USCIS first, or check your case # on their website, and see if the AP is coming any time soon. If it is, then chill out and wait for the AP and then Fedex it over to your wife.  If it isn't, pending biometrics, then file a K3. 

[OlgaH]

The key word is IF...   there is no biometric requirement specifically tied to Advance Parole.

That's good to know.

Vaughn, can Hemlock track the application on the USCIS website under case status or by calling the number on the receipt?


(Oh, I just noticed BF suggests the same regarding checking    )

[SMS60]

The AP document I seen had the photo printed on it which was taken at the biometrics appointment.

Also I recall a section on the application asking where you wanted the AP document sent...IE....Residence or a US embassy in a different country.

Possibility?????? It could be sent to the US embassy in Ukraine by the USCIS. Im sure she would have to wait a couple of months for it to be processed......????

[Turboguy]

It seems to me that I recall sending a bunch of passport photos with the AOS application so if I do recall that correctly they may use those and not ones taken at the biometrics appointment. 

I don't have any real answers on this one but I am glad I never faced the situation.  I did a quick search over at VisaJourney to see if I could find someone who did the same thing but I could not find the same situation. 

20-20 hindsight doesn't do much good here but if someone else would run into this situation they could get an early biometrics appointment.  That is not hard to do and would have solved the problem.   

I am surprised you have not had the biometrics appointment.   On my timeline we got the letter a few weeks after sending the application and a few of the timelines I looked at over on VJ also got the letter quite quickly but that is neither here nor there.

I don't know if it is possible to get the biometrics done at the embassy but I think they would be equipped to do them if the USCIS would allow that.   The other hope is that the biometrics are important only for the actual change of status and not for the AP.  Our AP did come through fast enough that they could be independent and not need the biometrics for AP but it is definitely a sticky situation

[viking]

Hemyock100

Where are you? Can you give us an update on what is happening?

[Muckraker]

The AOS was abandoned when she left, so the biometrics question isn't relevant anyway. Flying under the radar with AP issued after departure is a thing of the past - CBP and CIS are now linked systems.

Muck

[Hemyock100]

All,

  Here is an update on my AP situation.  Firstly let me apologize for my lack of updates.  I did not want to say anything until it was all resolved.  Hopefully this will be of use to someone in the future.

I mailed the AP paperwork for my bride along with her AOS paperwork right after our wedding
It was received on 11/23/2009
We left the country on December 19th to visit my family in England for Christmas before the AP or the biometrics appointment letter had arrived.
By Jan 4th 2010 the AP had not turned up so I had to leave my wife with my mother in England!!!
When I returned home the biometrics letter had arrived so I asked for a later appointment and sent it back.
The AP finally turned up on 2/17/2010!!!!!  Almost 3 months!!!!!  (it is valid for 1 year and multiple entries)
I returned to England on 2/23 to collect my wife
On arrival at Chicago the immigration process went well.  It did take and extra 10 to 15 minutes for the agent to fill in the forms and enter data into the computer.  No mention was made of the fact that my wife left the country before the AP was received. 
   Notes: 
You will receive 2 copies of the AP.  You need both the first time you enter the country.  They will keep one.  The next time you travel you will need to have copies available for them to keep at immigration.
They asked me to see our marriage certificate (this requirement is not mentioned on the AP at all).  Fortunately I had a certified copy along with the original AOS receipt and copies of all the other USCIS forms I have received since the K1 application.
Looks like a completed biometrics appointment is not necessary to process the AP

We have a biometrics appointment for her soon (I had to keep delaying it until she returned) and I am hoping that the green card will follow shortly after.

Cheers

Hemyock
 

[Vaughn]

You lucked out, Hemyock ~ nice follow-up report with a happy ending.

No mention was made of the fact that my wife left the country before the AP was received.

 

That's the part that had me concerned. I'd be walking on eggshells approaching the control point.