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I-485 pending-- How's the processing time for NY field office? Is it really that long?

New York, NY |

Im a wife of USC. I applied for I-485 AOS last April 23,2013. Got my biometrics done on May 28, 2013. Then my EAC arrived last June 18. Im now waiting for the schedule of my interview? I called USCIS and said that it will take 6more months for me to be able to get a schedule. I didnt apply for advance parole and i wanted to go outside US by October because I thought the green card will arrive before then.

I need some advice. Should I apply for an advance parole while waiting for my GC?
Or is there anything else I can do for now?

Attorney Answers 4


  1. You already paid for advance parole with the $1070 filing fee so you might as well apply for it to have shoudl you need to travel. There is nothing you can do to control the work load at the NY office except maybe to move to another District. New York city is posting that they are working on October 2012 cases for I-485:

    https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abcJv2A8kcpfP4rSYqZ-t

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. The New York Field Office is one of the busiest because of the sheer volume of cases. I agree with my colleague about filing for advance parole, you have already paid for it. Why not do it? This assumes however that your case is not complicated by any criminal history or any history of prior immigration violations. In that situation, it is not advisable for you to travel until your adjustment of status application has been resolved.

    The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly at her office in Edison, New Jersey, and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125.


  3. Yes, you can apply for it. However, consult an immigration lawyer before traveling on Advance Parole. There is a risk to traveling on Advance Parole that can be eliminated if you speak to an experienced immigration lawyer.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  4. I would not recommend leaving without first discussing your seemingly innocuous plan with your counsel of record to avoid drastic complications with re-entry.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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