CASE: Emergency Advance Parole Document (I-131)
LOCATION: Cleveland, OH
Our client came to the United States in 2010, and through our firm, got his I-140 National Interest Waiver self-petition and his waiver of the J-1 two-year foreign residency requirement. We then filed I-485 adjustment of status applications for him and his family with the approved I-140 petition in January 25, 2012. The application included I-131 advance paroled applications. His adjustment of status application is still pending at the USCIS Nebraska Service Center.
On March 2, 2012, our client contacted our office in urgency. He informed us that his mother’s medical condition is critical, so he needs to go back to Korea to take care of her as soon as possible. However, his I-131 was still pending at that time, and his biometrics and fingerprinting appointment was not issued yet. He wanted us to expedite the advance parole (travel) document so that he could visit his ailing mother.
According to USCIS policy, if the applicant is experiencing an extremely urgent situation, an emergency advance parole document may be requested at the local USCIS office. The emergency situation must fall under the following categories:
• Severe financial need to the company or individual
• Extreme emergency situation
• Humanitarian situation
• Non-profit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS
We obtained a letter from his mother’s doctor from Korea, explaining the emergency medical situation, and our office prepared a brief for submission to the USCIS Cleveland Field Office. On March 5, 2012, Attorney Sung Hee Yu and our client appeared at Cleveland CIS office for an Infopass appointment to apply for the emergency advance parole. The CIS Officer allowed our client to take biometrics on the same day, and reviewed our emergency advance parole application. On March 6, 2012, only one day after the emergency application, the CIS Cleveland Field Office recommended approval for our client’s application and requested expedited service to Nebraska Service Center. On March 7, 2012, the USCIS Nebraska Service Center approved our client’s I-131 advance parole document. Our client now is free to visit his mother in South Korea and come back to the United States with no issues during the pendency of his adjustment of status application.
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