Immigration Issues/J1 to unrestricted work and TRAVEL authorization
Thanks for bringing me to awareness about the big risk I would take to stick with my current J1 status at the embassy. I am ready to send the I-485 kit+ I-131 for advanced parole. However I don't know where to send it: whether to Chicago (I live in North Carolina) or to the USCIS suboffice in Charlotte, NC.
Indeed, USCIS website says that, for an emergency, file I-131 should be sent to the local USCIS office, but when it is submitted with I-485 at the same time, they say that it has to be sent to chicago. So I am confused.
I have scheduled an infopass for next wednesday in Charlotte. I will bring a copy of all the files in case.
Where do you think I should sent file I-131 and the others?
Robert, thanks for your insights. I really value your time answering these questions coming from unknown people and while you are not being paid for that. Thank you a lot.
Thanks for the answer Robert.
It is not really an emergency situation in terms of a matter of life or death. My brother is just having a serious surgery (spinal cord surgery) and the chance of complication are 1 percent. I can get a note from the surgeon saying that he's having this kind of operation. So, are you saying that, if I file the I-130/I485/I-131 packet and get a receipt, I can go to the embassy in Paris have it processed in a day and get a travel authorization to the US?
The alternative is the following: I haven't started any change of status in my current non-immigrant status (J1). The only thing I have is a marriage certificate. I plan not to show it during the interview in Paris at the US-embassy. Are you saying that it is a big risk because they might know about my marriage anyway?
Thank you for your very quick answer. I really appreciate that.
I am not sure to understand entirely your answer. You're saying that they will never extend my J1 visa at the ambassy as soon as they know about my marriage. Consequently, I'd better go ahead and fill out these forms and hope. However, the wait time is on average 6 months(according to USCIS and the department of state which I both called today). But this is something very urgent. I plan to visit my homecountry in october 11, 2006.
I guess I will just stick with my J1, and start the spouse visa procedure once I come back. Would you have any suggestion Robert?
The parole for non emergent reasons takes no longer than 90 days. If there is an emergency you can file the I-130/I485 and I-131 packet and when you get receipt you can make infopass appt and then have them p[roces it in 1 day.
If you have to apply for visa stamp when you leave and yopu are married you are taking a big risk.
I am saying you file the I-130/I485 and I131 now and then when you get the receipt prior to your trip you make an infopass appt and go to the local INS office and ask them to do it in 1 day.
With regard to the J1 visa application they will ask you on the form and at the interview if you are married. It is a big risk to lie. It could be found out then or at your green card interview when you come back and then they could deny your green card for misrepresention.
File everything in Chicago - wait for the receipts and then make an infopass in NC. Cancel your infopass for next week as you will not have the receipts back yet.
Once you get the receipts, go in with copies of the forms you filed and supporting docs and ask them to process your parole in 1 day. Bring proof of why you have to travel.