Legal Question in Immigration Law in Illinois

Residency application for R1 visa holder

I need to file for residency before my R1 visa expires. i am a priest. I am told that I cannot travel out of the country while my visa is adjusted to I 230 status (or 320, cant remember). after that I can apply for advance parole. will this take long? i am told that advance parole could take 3 months to process and in total i will be unable to travel outside the US for a year. is this true? is there a quicker way of processing this? i am a priest and i do travel. looking for the best way to process all of this - recommendations?


Asked on 9/02/04, 1:16 pm

2 Answers from Attorneys
Matthew Bernstein Law Office of Chicago Kent College of Law

Re: Residency application for R1 visa holder

The I-360 petitions for Special Immigrant Religious workers are currently taking approximately 3 to 4 months to process. Assuming that you have a valid R visa, you should be able to travel on that while this is pending. Once the I-360 has been approved and you have filed for adjustment of status, you will need to wait for the advanced parole document to be issued, which could take up to three months. There are provisions to expedite this process in emergency situations. I would be happy to discuss your case further with you in the context of a consultation.

Best Regards,

Matt Bernstein

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Answered on 9/02/04, 1:51 pm
Myron Morales Lee Lane Smith LLP

Re: Residency application for R1 visa holder

Yes, you should file the I-360 prior to the expiration of your R-1. You can still travel on the R-1 if it remains valid while the I-360 is pending. Otherwise, you will need to wait for the I-360 approval and then apply for the advance parole along with your adjustment of status to permanent residence. Advance parole can take up to three months, but in some circumstances, you can get an emergency advance parole at your local office prior to approval of the advance parole application.

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Answered on 9/02/04, 3:12 pm


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