Advanced Parole help needed

[viking]

My wife needs to go back to Belarus to attend her son's K-2 interview. To do so means she needs her advanced parole docs so can can come back with him. The issue is that he will age out soon and they need time over there to get all the docs together, get visas to enter Poland and so forth.I think we will need to do an info pass appointment but am wondering if it would make more sense to email the Warsaw embassy, request a date, and take that with us to help our case. Any advice is appreciated.

[Al_C]

Greg, you really should consider consulting with an immigration attorney.  You are between a rock and a hard place here, with a ticking time bomb that will go off some time in October, if I recall correctly.

To get the best shot at success here, you need some top shelf advice, as you have no time left to make mistakes.

[Turboguy]

Usually the EAD and AP come through first when you apply for AOS.   In our `case the biometrics were about 4 weeks after mailing our application and we had both the EAD and AP in just after 7 weeks from the date we applied.  

Hopefully yours will be fast enough that you won't have a problem.  How long has it been since you applied?

Personally I think if you consult an attorney it will slow you down.

[Al_C]

Just to be clear, I am not suggesting that you have an attorney do things for you because that may very well slow you down.  You just want to speak with one to have your questions answered by an expert on the subject.

[Blues Fairy]

Just have her go there (provided she's done with biometrics) and then Fedex her the AP once you receive it.

[Turboguy]

I agree with Blues Fairy, don't let her go before biometrics but once those are out of the way she can go anytime she wants and you can DHL her the A/P card.   Biometrics are usually pretty quick after the application so you should be fine.

[TomT]

1) You can call this number: 1-800-375-5283 and request an expedited I-131.

2) Walk in to your local application support center and ask the supervisor if they will allow you to do the biometrics for the I-131 in advance of the appointment letter. (They are cooperative, sometimes.)

3) The USCIS may deem a departure without an Advance Parole document to constitute abandonment of her OAS application. You ought to chat with the above mentioned supervisor about this, as well.

[Faux Pas]

There is a thread at RWD started by Ronnie I believe that has some information about K-2s and court decisions that state they do not age out. Viking, you might wish to read  up or shoot Ronnie an email

[remiel6]

you can apply for expedited AP we did and were denied, then about 4 weeks later we received the travel documents. There is a set of criteria that has to be met in order to qualify for AP. If you call the telephone number the operators there can tell you what it is and see if you can qualify.
Does your wife have to be at the K2 interview? never did a K2 so I would not know.
I would not advise leaving without documentation. It is considered abandoning the AOS and you may have to start over, only this time since you are married it would be with a K3 not a K1. Although  I think there is an option to have the AP documents sent overseas to an embassy. I thought i remembered that on the paperwork somewhere.
Good luck.

[GalinaF]

I don’t understand why your wife should be present at your stepson’s interview. Will she be allowed to accompany her son in the first place?  As far as I can understand your stepson is an adult. Does he need a special assistance? My daughter blew her first K-2 visa as she wasn’t interested in coming to the US, but then she went to Moscow to get another physical and submit a new set of document (that she had to put together herself) for another K-2 when she was 18 y.o. It happened within a year from the time her first K-2 was issued.

[viking]

There are several issues here, all trying to come together. First is her son will age out on Nov 2. From I can gather, as long as he arrives before this date I should be ok. But I would prefer for him to come at least several weeks before then so I have time to file his AOS, and at least the papers are "in the system" before Nov 2. I dont know if it will really help, but my inclination is that the sooner I file the better. If I felt 100% that as long as he was on US soil anytime before Nov 2 and that was all that mattered, I would be more comfortable.

Secondly is my wifes desire to bring him here, although he is not hot to trot to do so. He fails to understand that coming here at least gives him the ability to choose where to live. After he turns 21, it is basically over and he is stuck in Belarus. She wants to be there for his interview and make sure all his papers are in order so he doesnt screw up anything, on purpose or otherwise.

Lastly, is the timing on all this. she needs her AP in the next few weeks so we can book tickets, and more importantly call the embassy and get an interview scheduled. I cant do any of this until I know she has her AP. I had been some 24 days since I received the NOA on her AOS/EAD/AP, and have not yet heard anything about a biometrics appointment or anything else for that matter. I was considering just making the interview schedule for sometime in early/mid Sept so I have some deadline to bring to an infopass appoinment . If I need to go that route. It will show that we have a reason for it to be expedited.

[Turboguy]

I just went and checked the statistics and if you do what the average does you will get your A/P on August 15th and should get the notice for Biometrics any day now.   Of course that is averages and individual results may be different.   It won't hurt to try and get it expedited.   It doesn't seem to be in your current thinking but it would not be a good idea to go before you get your A/P since you could need an interview for AOS and there is a chance for problems. 

[viking]

TG there is no way I will make any plans for her to leave until the AP is in her hands. I wanted her to be on a plane around the 11th of August, have an interview in early/mid Sept and on a plane back shortly after. If your analysis is good then an interview will most likely take place in later Sept. She needs a minimum of at least 2 weeks just to get the visa to enter Poland. I guess I will ask Warsaw what kind of lead time they need to schedule an interview.

[Blues Fairy]

Secondly is my wifes desire to bring him here, although he is not hot to trot to do so. He fails to understand that coming here at least gives him the ability to choose where to live. After he turns 21, it is basically over and he is stuck in Belarus. She wants to be there for his interview and make sure all his papers are in order so he doesnt screw up anything, on purpose or otherwise.

I find it extremely strange that a 21-year-old man be controlled and pressured like that.  When/if he arrives, this pressure will backfire on both your wife and yourself.  If you are interested in maintaining a friendly relationship with your stepson, you would do well to get off his back and let him make his own decisions about his life. 

[viking]

BF. I understand you. But I have nothing to do with this decision. It is strictly between him and his mother. I only met him once, he speaks no english, so there is zero communication between us. I have offered him the opportunity to come here. I would support him and treat him as if he was my own and let him make up his own mind. I can only go by what my wife tells me about him. He had a somewhat sheltered life, is more interested in wine and women at this point. I have advised my wife that he is a grown man and should make decisions on his own. But she feels he fails to see his future, which is pretty bleak in his home town. If he comes here, before 21, he will always have the option of returning to his home country, but...also coming back here as well. Sounds like a no-brainer to me.

[Blues Fairy]

I can only go by what my wife tells me about him. He had a somewhat sheltered life, is more interested in wine and women at this point. I have advised my wife that he is a grown man and should make decisions on his own. But she feels he fails to see his future, which is pretty bleak in his home town. If he comes here, before 21, he will always have the option of returning to his home country, but...also coming back here as well. Sounds like a no-brainer to me.

I apologize for the unsolicited opinion, viking, but I think you are mistaken about the no-brainer here.  To come and live with you two means primarily returning under his mother's control and losing his (probably long-desired) independence.  Seeing how low your wife's opinion of her own son is, I can certainly see why he is reluctant to come to the U.S.  Being independent of a controlling parent, albeit stuck in Belarus, may seem like a very bright future to a young man.

Do not count on remaining neutral in case she manages to prevail on him.  You will be enlisted to provide some of the pressure and you will become part of the conflict, which has the potential of turning pretty ugly when the stress of the adjustment to a foreign country and foreign language kicks in.           

[ECOCKS]

Aside from the constraints of the AP process, you are in a rough position concerning the son. The mother's happiness and your expectation of pending unhappiness vies with pushing too hard and getting blamed if it fails. Remember though, even if he completeyly blows this off you can always sponsor him for immigration at a later time.

I empathize with you. Although my son. who cannot wait to get out yet, regards anything like doing the lottery visa as a waste of time. Likewise on studying for college prep testing, TOEFL, a academic writing and applying for scholarships.

Young people are not little adults, don't count on rationality and logic persevering.

Good Luck.

[viking]

BF. No need to apologize. I welcome your intelligent replies. I raised my daughters to be very independant and they rose to the occasion. I am quite proud of where they are in their lives now. I suspect you are right about being caught in the middle. I can see your point about him finally be free of her interests ( I could not wait to move out of my parents house at that age!) and to some degree I can accept this attitude and support it. But I am not his father and will never have the same, authority... for lack of a better word... over his actions/decisions here as compared to his mother. Having said that, I will only put up with so much from either party. But my final statement still rings true. Come here first, then decide.

[Blues Fairy]

In any case, good luck and speedy AP approval to you guys. 

[viking]

well, over 32 days now and no appointment for her biometrics. Zip.