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Immigration Issues/I 131 processing delays


I had an interview on Nov 15th 2005 for I485 ( Phoenix USCIS office- Family Based Adjustment). My case is stalled due to FBI name check.

I am currently on my H1B visa ( expires 6th July)

I applied for a new travel document 2nd February 2006. I still haven't received as of April 28th 2006. Online case status say that USCIS need 30 to 60 days to process. It's more than 60 days now.

I did talk to USCIS using Info Pass today. They told me that it is taking 4 months to process I 131.

I asked them what would happen if I have an emergency and need to travel.

Here was their reply:

It's not good to travel without a travel document. In case of an emergency, I need to fill out an emergency form and provide documents about the emergency. We need to notify them 2 weeks before emergency ( that's REALLY STUPID!). That's because they need two weeks to get back and forth with their offices to get me an emergency travel document.

Incase I leave the country without a travel document, I have to reapply for my I 485 and restart the process all over again.

So my question to you is:

1. Does I 131 processing take 4 months? Have you seen or heard anything like this before?

2. What should I do if i have an emergency. I cannot expect emergency to happen 15 days in advance as per USCIS. There will not be sufficient time for me to apply for a travel document if i have to leave the country? what's your solution to this.


If you leave without advance parole and you return after 7/6/06, you will have problems getting back in. You will have no parole, no valid H-1 and unless you are from a visa waiver country, they will not let you in.

You might want to apply for H-1 extension by premium processing so you get approval in 15 days or less. Then you can travel after 7/6 because valid H-1 people do not need advance parole.

The only other option is to get a medical excuse from your country that a close family relative is sick and apply for an emergency travel document with the doctor's letter and proof of the relationship.

It is not uncommon for advance paroles to take 4 months.



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Robert Hollander<B> Esq.</B>



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