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Information required for expedited I-131

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  • Information required for expedited I-131

    My I-131 case was received on August 15th, along with my I-485. On December 4th, I plan on going to my home country to spend Christmas with my family. We are counting on this to be the last Christmas we spend with my grandfather, as he is getting quite ill (he has had 2 strokes and a 4 heart attacks in the last 12 months). Concidering that I waited a bit too long with applying for my I-131, I am left with about 110 days of processing time before I plan on travelling.

    I understand that you can ask for an expedited application process, but most sources I find say that you basically need a doctor's note saying that someone is dying very, very soon. I don't believe that I can get such a note, as no doctor has told us that. Would a note explaining his recent strokes and heart attacks be enough, or is there no good way to do this?

    Also, if I do not manage to get the I-131 before this date, what would happen if I left the U.S, and simply waited in my home country for it to come? My spouse could send it to me by mail before I return. I have already done my biometrics. Would this harm my pending I-485?

  • #2
    Originally posted by eeennnaad View Post
    My I-131 case was received on August 15th, along with my I-485. On December 4th, I plan on going to my home country to spend Christmas with my family. We are counting on this to be the last Christmas we spend with my grandfather, as he is getting quite ill (he has had 2 strokes and a 4 heart attacks in the last 12 months). Concidering that I waited a bit too long with applying for my I-131, I am left with about 110 days of processing time before I plan on travelling.

    I understand that you can ask for an expedited application process, but most sources I find say that you basically need a doctor's note saying that someone is dying very, very soon. I don't believe that I can get such a note, as no doctor has told us that. Would a note explaining his recent strokes and heart attacks be enough, or is there no good way to do this?

    Also, if I do not manage to get the I-131 before this date, what would happen if I left the U.S, and simply waited in my home country for it to come? My spouse could send it to me by mail before I return. I have already done my biometrics. Would this harm my pending I-485?
    (1) No good way with out the doctor's note. Did you apply for EAD too? If yes, hope the combo card arrives in time. You can raise a service request for the EAD card after 75 days. (There is no such provision for AP. Hence my question about the combo card.) Similarly, after 75 days you can start contacting your congressman etc.

    (2) Nope, waiting for your AP outside the US is not possible. The moment you leave the country without AP, your I485 becomes abandoned, and hence the EAD and/or AP based on your I485 also become invalid.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      (1) No good way with out the doctor's note. Did you apply for EAD too? If yes, hope the combo card arrives in time. You can raise a service request for the EAD card after 75 days. (There is no such provision for AP. Hence my question about the combo card.) Similarly, after 75 days you can start contacting your congressman etc.

      (2) Nope, waiting for your AP outside the US is not possible. The moment you leave the country without AP, your I485 becomes abandoned, and hence the EAD and/or AP based on your I485 also become invalid.
      Thank you for your feedback. Yes, I applied for EAD at the same time as the advance parole.

      How long do I need to wait before I submit my first SR (also, what does SR stand for?) and before I can contact my ombudsman/congressman? It's only been 47 days so far, but I want to prepare everything to maximize my chances.

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      • #4
        Originally posted by eeennnaad View Post
        Thank you for your feedback. Yes, I applied for EAD at the same time as the advance parole.

        How long do I need to wait before I submit my first SR (also, what does SR stand for?) and before I can contact my ombudsman/congressman? It's only been 47 days so far, but I want to prepare everything to maximize my chances.
        SR - service request. Since 75 days is the typical processing time for EAD, you would be able to raise a SR after 75 days. Wait for 75 days, raise a SR and contact your congressman's office.
        Just an opinion; Not legal advice.

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