what is the chance of getting advance parole if i have an i-130 approved? if someone is outside the u.s and hes/her i-130 gets approved and ther is some kinda of immergincy and want's to enter the u.s before the nvc and the embassy process?i-130 was filed by usc wife

quote:

Originally posted by mike_2007:
what is the chance of getting advance parole if i have an i-130 approved? if someone is outside the u.s and hes/her i-130 gets approved and ther is some kinda of immergincy and want's to enter the u.s before the nvc and the embassy process?i-130 was filed by usc wife

You cannot file advanced parole if the immigrant spouse is outside the US. The immigrant must be in the US to file the I-131. However, if there is an emergency in the US where it affects the immigrant spouse, the immigrant may be able to obtain either a non immigrant or immigrant visa by going to the US consular or embassy.

thnx for ur reply hudson but let me correct u on this 1,,yes u can,,the advance parole could be used for 3 differentt things,,the 1 that ur talking about is true,,but u have to be in if u want to get a travil document ,,,to reenter,,but some immigration officer have told me once that u can apply for this before u even get a status in the u.s ,,but how ,,i have no idea,,and i was wounder if anubody knows what kind of background checks that uscis do before u get ur i-130 proved?state record or federal or taxes or what exactly?

Mike,

Not sure which way you are filing to reside in the US but for me..
Before my I-130 was approved I was allowed to visit my US spouse on a visa waiver. As long as I had a return ticket and back to UK within 90 days.

I didn't need any other papers with me. I did take a copy of my application though just in case.
I had no problems and went back and forward dozens of times.

I did that until I got my 2yr K3 visa.

Acutally, sorry Mike I am not sure what country you are from, so I guess I better say depending if your country has the visa waiver with the US in place.

Mike, normally once you hear that you are approved you would get a letter and then usually be asked to go to the visa center/embassy.

For me, once I heard my I-130 was accepted then the next process was I was sent a letter from the US Embassy about my application.
I had to get a Police record and various other documents ready before I went for an interview/medical etc

thank you sprint_girl07 ,,yes i understand what u said but this is bcoz of the visa waiver program,,and bcoz ur citizen of england,,,but iam jordanian citizen ,,and iam in mexico now with no legal status ,,what happen is i was legal immigrant to the u.s in 2002,,and in 2006 i got divorce while my i-751 was pending,,,so i went with my new fiance to mexico to c her family and when i reentered the u.s i got detained bcoz they told me that i lost my status bcoz i was divorced,,so the immigration judge dismessed my case and they allowed me to withdraw my application for addmition,,,and i wasn't deported or removal or anything,,,nothing on my record,,but they put me back in mexico bcoz thats where i entered the u.s last time,,and my wife filed the i-130 for me ,,and i was wounder,,in this setuation ,,how can i get an advance perole to go and be there until my visa interview date ?shes seriously sick and she needs 7 surgerys in her back ,,its a long story,,so when i asked some ppl who worked for the immigration they told me about this option and they said that i can get addmition at the boarder before even going to the embassy and all that,,,and no,,jordan is not under the visa waiver program

Humanitarian Parole.

Speak to your Lawyer.

Chances not good.

iam just going crazy ,,what is the fastest way to get this thing ,,it seems like there is a 2 ways to obtain this thing,,first by to the filing the forms and going to the embassy and the second option is to go to the boarder,,my wife had a serious back injury,,,and she needs 7 surgery's but shes on hold bcoz she have a pending workers comp case still pending,,so ther not authorizeing the surgery's ,,but today she got worse and went to the hospital bcoz she cannot walk anymore?they give her morfin and nothing,,she's still bad,,and tomorrow she going to another hospital bcoz she cannot walk at all and she might stay there for a week or more?what should i do ?how can i go there to c her atleast?

Im so sorry to hear of your stress Mike, I can understand how you and your wife feels.

All I know about AP's as I had to get one last year, was that I had to go to my local USCIS office and have it stamped and authorised.
I couldn't get it any other way, I had to wait nearly a week as it was christmas, for the offices to be open, they said I had no other way to get it otherwise.

As you are in Mexico, I have no idea where you can obtain one, if even they give them outside of the US.
The problem though is that an AP is so that you can re-enter on it after you leave the US for some purpose.
How are you going to get in, in the first place?
Sorry..I really wish I had an answer for you, I think the best bet is see if you can go to the Embassy and see what they can do for you, if anyone they can help you.

Mike_2007: So, you're illegal in Mexico? Well, isn't that an unusual situation? Not to worry, though...I'm sure that Mexico treats its illegals with the same care and respect that they expect and demand that we treat illegal Mexicans.

Just go to the local DMV...surely they'll give you a driver license, and allow you to take the driver test in your choice of either Arabic or English.

Then, just go to the Social Security office to get the necessary documents that will allow you to work...not that Mexico expects that documents are really necessary, so you should be okay. Standing around on street corners and urinating under trees and against walls seems to the way to get employment down there, as that's what they think is acceptable here in America.

Why is your wife having surgery in America? She should just go get it for free in Mexico. All she needs to do is show up at the emergency room...and i am sure that they'll happily provide English-speaking medical staff.

While you're both in Mexico, have an anchor baby so that Mexico won't deport you. If they try to deport you, just shamelessly wave the baby in front of a TV camera and scream that you can't leave your baby all alone in Mexico.

Another advantage to the anchor baby is that the Mexicans will gladly give you food stamps and welfare.

Before you know it, you'll be like locals and all of the people will have learned how to speak English so that you won't have to make any effort to speak Spanish.

Maybe you won't want to come back to America !!!

I was waiting for that.

But semi seriously many Americans do go to Mexico for Medical Treatment Well if you have to pay.

Much cheaper and the standards can be very good.

no,,my wife is a u.s citizen and she lives in the u.s ,,not in mexico ,,and yes i dont have a legal status but i didnt entered illegaly to mexico,,its just what happen made it seem like iam illegal in here,,iam not,,i was allowed to withdraw my application for addmition ,,so bcoz i entered the u.s from mexico last time they judge told me that i wont be deported or removal or anything,,so we will put u back in mexico like u never been in the u.s before,,,thats what happen,,and when i entered mexico back then,,i was a green card holder in the u.s,i entered the u.s on immigrant visa(cr1)i was a green card holder for 4 years,,i filed taxes for 4 years,,no criminal record,,no feloney's,,no traffic violation,,nothing at all,,,even the (DA)at the court made a joke and told the judge that my record is cleaner than hes record,,and thats when the judge said,,i know and thats why iam going to help him out,,the whole thing happen bcoz i didnt know about the reentry permint,,i thought if i have a green card then i can go inn inn out crossing the boarder,,thats all,,iam not ganna beat my delf up or kill my self bcoz of that,,we all make mistakes,,iam trying to get an advance parole which u can get at the boarder,,u dont have to file to the uscis,,its not like the reentry permint,,u can just go to the boarder and ask for addmition,,and offcourse its all depends and ur emergency and its up to them,,they can let u inn for 1 year and they can say no,,and the emergency visa is a visa u get at the u.s concelate in tijuana ,,,but the issue is ,,that i have an i-130 pending and i dont know if this is will help me or will make me look bad,,,so i dont know,,,

quote:

Originally posted by mike_2007:
thnx for ur reply hudson but let me correct u on this 1,,yes u can,,the advance parole could be used for 3 differentt things,,the 1 that ur talking about is true,,but u have to be in if u want to get a travil document ,,,to reenter,,but some immigration officer have told me once that u can apply for this before u even get a status in the u.s ,,but how ,,i have no idea,,and i was wounder if anubody knows what kind of background checks that uscis do before u get ur i-130 proved?state record or federal or taxes or what exactly?

If you lost your status, advanced parole will not help you. You must reapply for your visa. You require a lawyer for this. First, you were a conditional green card holder, but lost your residency because you were outside the US for more than 6 months. I am not sure if the I-751 was filed or not or whether you actually removed your conditions. If you have not removed your conditions, then you are back to square one unless you can refile the I-751 all over again. However, you are now divorced with your USC ex wife. I don't think your new fiance is a USC or not. Hard to tell. But I still maintain that advanced parole is not available for you right now.

ok hudson,,,thnx ,but let me explain few things,,,i wasn't outside the u.s for more than 6 months,,i was outside the u.s for only 1 day,,and bcoz i didnt have the reentry permint ,,thats why i lose it,,1 day only i went to mexico ,,and my new wife is a u.s citizen yes,,we did got married back in october,,,

thats all,,thnx

quote:

Originally posted by mike_2007:
ok hudson,,,thnx ,but let me explain few things,,,i wasn't outside the u.s for more than 6 months,,i was outside the u.s for only 1 day,,and bcoz i didnt have the reentry permint ,,thats why i lose it,,1 day only i went to mexico ,,and my new wife is a u.s citizen yes,,we did got married back in october,,,

What I am not understanding is whether you are an LPR or not, including conditional residence? The other problem I have is your timeline when you went to Mexico and when your case for removal was pending?

I based the response because I thought you stayed in Mexico longer than 6 months.

ok let me make it clear for u,,in 2002 i entered on (cr1)visa,,i recieved the 2 years card whithin weeks after the entery..recieved ss cars and the calif id,,3 months before the 2 years gc expired we went my wife and i and file together to remove the condetion on my gc,,,weeks later in recieved a letter that they cashed the check and they give me an extention for 1 years,,after 1 year i went to my immigration local office to fallow up and they check the case on the comp and they said everything looks good but they said that the case is still pending,,and at that day,,they stamp my passport with the i-751 valid for 1 year,,3 months later i got divorce and that when i went to mexico for only 1 day,,and my i-751 was still valid for 9 more months ,,and thats when they told me that i didnt have a reentry permint and bcoz i was divorced,,so i was detained and while i was there i got married and we tried to reopen a motion for the i-751 but they denied it bcoz the stupid attorney didnt file all the documents with it,,,and then they dismessed the case and i was allowed to withdraw my application for admition ,,and they put me in mexico,,i been in mexico now 8 months,,butall this is after my case was over,,but when i was still holding my status i come to mexico for only 1 day

quote:

Originally posted by mike_2007:
ok let me make it clear for u,,in 2002 i entered on (cr1)visa,,i recieved the 2 years card whithin weeks after the entery..recieved ss cars and the calif id,,3 months before the 2 years gc expired we went my wife and i and file together to remove the condetion on my gc,,,weeks later in recieved a letter that they cashed the check and they give me an extention for 1 years,,after 1 year i went to my immigration local office to fallow up and they check the case on the comp and they said everything looks good but they said that the case is still pending,,and at that day,,they stamp my passport with the i-751 valid for 1 year,,3 months later i got divorce and that when i went to mexico for only 1 day,,and my i-751 was still valid for 9 more months ,,and thats when they told me that i didnt have a reentry permint and bcoz i was divorced,,so i was detained and while i was there i got married and we tried to reopen a motion for the i-751 but they denied it bcoz the stupid attorney didnt file all the documents with it,,,and then they dismessed the case and i was allowed to withdraw my application for admition ,,and they put me in mexico,,i been in mexico now 8 months,,butall this is after my case was over,,but when i was still holding my status i come to mexico for only 1 day

Personally, the border patrol made a mistake by denying you entry. You had a pending case for one year. The instructions for the I-751 on page 3 state that you can file the I-751 for the waiver at anytime. Since you had some time left, they made a mistake. Compounding the fact was the attorney did not file all the paperwork, thus ending any chance of you obtaining your permanent residency card. Not sure what you can do, Mike. One, because of the decision made by the court and USCIS official, you now must reapply all over again. On the other hand, you said you have an approved I-130. You might go to the US Embassy and state the mistakes were made and you had no intention of abandoning your residency status. And I am not sure if the I-131 will help you or not. Still maintain that it won't.