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What is 'Class of Admission' on the form I-131 (Advanced Parole)?

Concord, CA |
Filed under: Immigration

My wife entered USA on H4 visa in 2010. We filed for 485, 765 and 131 based on India EB2 category in early 2012. Currently, my wife is working on EAD.
What is Class of admission when I fill out her form I-131 for AP renewal? Should it be 'H4' or 'I-485 Pending'?

Attorney Answers 3

Posted

Personally I would write H4 (I-1485 pending). Hope this helps. Wishing you well.

This communication does not create an attorney client relationship. If I can be of further assistance, please feel free to contact me at any time at either (770)955-1785 or (678)576-9394 or via e-mail at bob@bobbeer.com. THINK IMMIGRATION - THINK BOB BEER

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Posted

Thanks Robet. Looks like I will go ahead with your suggestion, it sounds perfect in my wife's case. I will attach all relevant documentation (I-94, existing H4 petition which is valid till Sep-2013 and copy of current EAD).

Posted

"Class of admission" refers to the visa category under which the person applying was last admitted to the US, which in your wife's case appears to be H4.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

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Posted

Thanks Eugene.

Posted

Thanks for your inquiry. I would follow the advice of my colleagues below. The concern here is that the Form I-131 is used for a number of different reasons. It is the application filed for advanced parole, a re-entry permit and a refugee travel document. So when the form is used for more than one purpose, some of the fields which appear on the form are not necessarily applicable. And when you go through the I-131 you see that there are specific portions of the form which only apply to Advanced Parole applications, portions which apply to refugee travel documents and portions which apply to re-entry permits. Would be a heck of a lot easier if CIS would make the applications consistent with the purpose for which the form is filed, but it is CIS.

"H-4" or "I-485 Pending" or both is fine. As long as you complete the form correctly, indicating that this is an application for advanced parole, you should be just fine. And if you have questions or you are concerned, provide an explanation sheet with the form (can add it as an addendum). In your case, it should be abundantly clear that you are applying for advanced parole because the other travel documents either require that you were granted resident status or granted asylum. So absent documentation to establish such status having been granted, the adjudicating officer should be quite able to figure it out.

Good luck.

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Posted

Thanks David for a helpful suggestion.. Yes, ours is I-131 (AP) renewal. My status did not change, as a result no issues in my case. I will write H-4 (I-485 pending) just to keep it simple and add a small explanation as well.

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