Info Needed On Usa Change Of Status And Reentry

[bdmike]

I hope someone out there can help us out. My wife came to the USA on a fiance visa and we got married this month. We are in the process of submitting change of status forms. I have a couple of questions;

1) How long does it take for the change of status?

2) If we decide to go back to Thailand before the change of status is completed, can she just remain in Thailand until the change of status paperwork comes through and then I send her the papers? Will there then be any problems with her reentering the USA with immigration if she has the change of status paperwork with her?

Thanks, Mike

[DurianChips]

I hope someone out there can help us out. My wife came to the USA on a fiance visa and we got married this month. We are in the process of submitting change of status forms. I have a couple of questions;

1) How long does it take for the change of status?

2) If we decide to go back to Thailand before the change of status is completed, can she just remain in Thailand until the change of status paperwork comes through and then I send her the papers? Will there then be any problems with her reentering the USA with immigration if she has the change of status paperwork with her?

Thanks, Mike

I've been through this exact same process myself.

1) Depends where you live, and how busy your regional processing center is. For us it took around 5 months to get the green card. When you submit your paperwork, you should receive a confirmation, which indicates an estimated time for processing. I've heard from others that it can take over a year, depending on circumstance.

2) No. If she leaves the country, she will not be allowed back in without an advance parole document. If you want this document, you must apply for it separately, using the change of status paperwork (and the confirmation that it has been submitted, I think). It could take at least three months to get an advance parole. No airline will transport her on a roundtrip ticket without proof that she can legally reenter the country (advance parole until she has her green card; fiance visa is no longer valid for her, because it is single entry). Also, in most cases, she will need to report in person to DHS at two stages in the application process. First, about a month into it, she needs to submit herself for biometrics. Second, near the end of the processing time, both of you need to go meet with DHS for a physical interview. She must be present in the country for these things to happen; otherwise, she forfeits the application.

[bdmike]

Thanks a lot, Durianchips, for answering all my questions. I guess we should apply for an advanced parole now. Does anyone know if this is hard to receive? Anyone know a good reason to give for the advanced parole besides " My husband does not want to spend another winter freezing his you-know-whats off in New York"?

[Thanyaburi Mac]

I hope someone out there can help us out. My wife came to the USA on a fiance visa and we got married this month. We are in the process of submitting change of status forms. I have a couple of questions;

1) How long does it take for the change of status?

2) If we decide to go back to Thailand before the change of status is completed, can she just remain in Thailand until the change of status paperwork comes through and then I send her the papers? Will there then be any problems with her reentering the USA with immigration if she has the change of status paperwork with her?

Thanks, Mike

Mike

http://www.immigration.com/newsletter1/usc...rstravlers.html

USCIS Reminds Immigrants to Obtain Advanced Parole Before Traveling Abroad

Press Release

U.S. Citizen and Immigration Services

Contact: Dan Kane

(202) 305-0006

November 14, 2003

IMMIGRANTS REMINDED TO OBTAIN ADVANCED PAROLE BEFORE TRAVELING ABROAD

WASHINGTON, DC - U. S. Citizenship and Immigration Services (USCIS) reminds immigrants to obtain Advanced Parole before traveling abroad. Advanced Parole (Form I-131-- Application for Travel Document) is permission to re-enter the United States after traveling abroad, and allows for the continuation of processing for an adjustment of status to that of lawful permanent resident.

“I want America’s immigrant population to know before they go. These requirements must be met before leaving and are imperative for return to the U.S.,” said Director Eduardo Aguirre. “This reminder is consistent with our commitment to world-class customer service and enhancing the integrity of our immigration system.”

Travel outside of the United States without advance parole may have severe consequences for certain immigrants who are in the process of adjusting their status. Such immigrants may be unable to return to the United States and their applications may be denied.

USCIS urges all immigrants with pending applications for adjustment of status to consult its National Customer Service Center at 1-800-375-5283, www.uscis.gov, an immigration attorney, or an immigration assistance organization accredited by the Board of Immigration Appeals before making any travel plans.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Suggest you review some of the following from U.S. Immigration (www.uscis.gov):

http://tinyurl.com/tplxt

http://tinyurl.com/y8dy7m

Advance Parole

Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Immigration and Nationality Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for advance parole.

Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the USCIS;

Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or

An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536

Aliens in the United States are not eligible for Advance Parole if they are:

In the United States illegally;

An exchange alien subject to the foreign residence requirement;

Please note that Advance Parole does not guarantee admission into the U.S. Aliens with Advance Parole are still subject to the immigration inspections process at the port of entry. For more information on Advance Parole, please read our Travel Advisory.

xxxxxxxxxxxxxxxxxxxxx

You can also check approximate processing time from the US CIS www site, start clicking on the upper right of their www page.  And as mentioned by another guy, processing time may well vary depending on where you live.  Looks like California is now handling cases a bit over 4 months after receipt:

I-131 Application for Travel Document All other applicants for advance parole April 18, 2007

Mac

[surinmike]

sounds complicated just send her back b4 you lose itall......

[DurianChips]

Thanks a lot, Durianchips, for answering all my questions. I guess we should apply for an advanced parole now. Does anyone know if this is hard to receive? Anyone know a good reason to give for the advanced parole besides " My husband does not want to spend another winter freezing his you-know-whats off in New York"?

I'm not sure they really care about the reason. The more important thing is that, as I understand it, you must be here, physically present, when called for your adjustment of status interview (although I think you have the option to call and reschedule when you receive the interview if there is some pressing, really important need). Miss the interview, and the application is denied. I know, it's a real pain, huh?

My impression is that advance parole is supposed to be used for short to mid-length trips, and not for living abroad for part of the year. They may have some questions about this, and it may delay how long it takes to get advance parole (of course, 3-4 months from now, winter may be partially over). Also, keep in mind that, if she wants to apply for citizenship in a few years, there is a minimum amount of time that she actually has to be in the country (not just a perm res).

[bdmike]

Thanks for your replies... I now understand the process and better do as they say. I will be putting in for the advanced parole tomorrow. It may take awhile, but I wouldn't mind her experiencing a little of this winter weather. I just hope we get the parole before the short, cold January days set in. Thanks again for all the information. Mike

[taxout]

Your wife's in line for an immigrant visa, and those are for folks who actually intend to immigrate to the US.

If she spends months back in Thailand while her papers are being processed that may raise questions whether she actually intends to immigrate to the US, and thus adversely affect her eligibility for an immigrant visa.

Edited August 28, 2007 by taxout

[DurianChips]

Your wife's in line for an immigrant visa, and those are for folks who actually intend to immigrate to the US.

If she spends months back in Thailand while her papers are being processed that may raise questions whether she actually intends to immigrate to the US, and thus adversely affect her eligibility for an immigrant visa.

This isn't quite correct. The wife entered the country already on a fiance visa (this is classified as a nonimmigrant visa, although I'm not sure why) She is now awaiting adjustment of status to conditional permanent resident. This is not a visa, so she is not waiting in the same line as people waiting for immigrant visas. She has already entered the country; she doesn't need a visa, and neither will she need one when she becomes a permanent resident.

However, that technical note aside, you are quite correct that she is applying to be a permanent resident, and her spending a lot of time outside of the country does raise questions about whether she actually wants to be a permanent resident. Also, after two years, she will need to apply to have the conditional aspect lifted from her permanent residency. At that time, they will look again to see whether she actually intends to be a permanent resident, although I don't know if there is a strict residency time requirement during the conditional period. I know that one does exist if and when she decides the apply for US citizenship.