SHOULD I APPLY FOR ADVANCE PAROLE WHILE WAITING FOR 485 INTERVIEW?
Thanks for your help!
3 attorney answers
If your petition and application to adjust status was just submitted in October, it is unlikely your interview will take place by August. If you look at the USCIS case processing times that are posted on line here: https://egov.uscis.gov/processing-times/
and enter I-485 (the application for which the interview is granted), you will see the Hartford office is completing cases 11-20 months after receipt. So if your husband needs to leave before then, he would need advance parole in order to return to the US. If he should leave the country without that, unless he has maintained a valid (and dual-intent) status, he could be denied re-entry. Then you would have to initiate a consular process that would take many months to complete (and the costs and time invested in the adjustment of status would be abandoned). Depending on his current status or lack of it, he could even be barred for a number of years before being allowed to return.
However, before he submits the form I-131 to get advance parole, it would be a really important step to meet first with an immigration attorney. Getting advance parole granted by USCIS is not a guarantee that the Customs and Border Protection officer at the airport will allow your husband to return. Having an attorney evaluate your husband's eligibility for Advance Parole is quite important. Wishing you good luck.
Answers to questions on Avvo are for general purposes only. This response should not be considered legal advice for your situation, and does not establish an attorney-client relationship. To get legal advice, contact an attorney for a private consultation and complete review of your case.
You should always submit an application for Employment authorization document and Advance Parole concurrently with the filing of the I-485. There are many good reasons for that recommendations. There are no drawbacks to submitting those applications. It has never been wiser to have an attorney assist you with all immigration applications. You should at least speak to an attorney, a good attorney. That's harmless, and you'll be happy you did. Most people who consider applying on their own, upon speaking with an immigration lawyer, request professional legal representation. A lawyer can easily demonstrate how much is involved in completing an immigration application, beyond filling out paperwork. There is considerable strategy involved, especially in this current anti-immigration climate, and unforgiving rules to sidestep. No reason to go it alone, especially when each application is kept by the U.S. government forever.
Do NOT rely on Attorney Murray's response as the information provided on this website is NOT legal advice nor is it a substitute for legal advice which requires a private consultation with a lawyer.
Why didn't you file the I-131 in the beginning?
What type of visa did your husband have when he entered the US?
Had he violated that visa, or filed the 485 within 90 days of entering the US?
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.