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

Asked about 1 year ago - 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. Dean P Murray

    Contributor Level 18

    3

    Lawyers agree

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    Answered . 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... more
  2. Asma Warsi Chaudry

    Contributor Level 12

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    Lawyers agree

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    Answered . 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... more
  3. Lynne Rogers Feldman

    Contributor Level 18

    2

    Lawyers agree

    2

    Answered . 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/processingTimesDisp...


    --
    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

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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... more

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