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Luckyirish

Cancelling AOS half way through application - what are implications?!

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Hi all,

I just sent in all my docs recently with regards to my AOS and they have been received. I also applied for my emergency travel at the same time, as 10 days ago my dad found out he had a brain tumour and just had surgery on it.

My question is - if I were to go home now and forfeit my visa application. What are the implications of doing so? Would I be banned from re-entering the US for 3 years? Can you petition this at your local embassy?

My SO has no issues with moving to Europe to be closer to my family, however - if I wanted to visit her and her family after I cancelled my AOS (now I would be an overstayer), I don't think I'd be allowed to visit the US again. I'd really appreciate any help as I am lost!

Thanks!

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Emergency AP?

Without knowing your timeline not possible to comment.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Looking at your previous post your VWP days are over, a visitor visa is a long shot, well for the foreseeable future.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes I have a feeling that my VWP would well and trully be done for. Which is a risk I knew about when I went down this path. It's an awful feeling right now - caught between wanting to go home but also not wanting to just give up on everything in the US.

Edit - my only real option is just to wait and see what happens with my application and hope it hurries up.

Edited by Luckyirish

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You are the only one who can make the call.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you applied for Advance Parole and EAD at the time you submitted your AOS, your SO can receive your card and fedex it to you in Ireland. Not great, but at least you don't derail everything.

He should be careful though as he still has to stay put int he U.S. until the EAD/AP is APPROVED before he can make such a move. Leaving the U.S. even 1min before approval will result in the AOS being denied automatically as there's an exit manifest of all passengers that airlines are mandated to provide to DHS when people depart the U.S. Your only option is wait for approval before leaving or risk it all in abandonment.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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If you applied for Advance Parole and EAD at the time you submitted your AOS, your SO can receive your card and fedex it to you in Ireland. Not great, but at least you don't derail everything.

^^

Not good advice!

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

Source: http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Read the link for viable options.

When you get a moment, :time: It helps everyone that uses the forum, or is helped by the forum.

Good luck on your immigration journey.

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Yes! go to your local field USCIS office and apply for Emergency Advance Parole. You could get that document the same day or next day. I know people already did it. Bring doctors or hospital letter with you. Good Luck!


---------------------------------- AOS ---------------------------------------------------------

February 28, 2015: AOS Packet Sent via FedEX to Chicago Lockbox: I-130, I-485, I-765, I-131.

DAY 19 - March 21, 2015: NOA for Biometrics Appointment scheduled on 04/01/2015

DAY 77 - May 19, 2015: EAD and AP has been approved "We ordered your new card"

DAY 84 - May 26, 2015: We mailed your EAD to the address you gave us/USPS picked up the Card

DAY 85 - May 27, 2015: Interview Scheduled for June 29, 2015.

** May 29: Traveled with my AP back to my country and came back three weeks after with no problems Click here to ready the report **

DAY 117 - June 29, 2015: Had our interview. Approved on the spot.

DAY 124 - July 6, 2015: Welcome noticed received.

DAY 134 - July 16, 2015: Green Card delivered to my home by USPS - END OF AOS -

---------------------------------- ROC ---------------------------------------------------------

DAY 1 - April 7, 2017: Sent I-751 to CSC

 

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Would need dads medical documents to support your request


*i130 accepted and assigned to Vermont Service Center - February 24,2015

*i485, i765 filed along with i797c for i130 accepted -- March 31,2015

**birth of baby boy Samir ------ April 2, 2015

*i797c for i485, i765 received in mail ------ April 11,2015

*biometrics appointment notice for april 27, 2015 ----- April 17, 2015

*biometrics completed at East Hartford ASC ---- April 27,2015

*EAD approved(found out via uscis ombudsman) -- June 13,2015

*EAD picked up by USPS --- June 19, 2015

*notification: EAD delivered by USPS to my mailbox (none seen) --- June 20, 2015

* received EAD in mail ------- June 22,2015

* applied for SSN -------- June 25, 2015

* went to local SSA office and got SSN (not card) --- June 30, 2015

*i130 approved ----- July 1,2015

*received SSN card in mail ---- July 2,2015

------------------------

**Moved to Massachusetts ---- July 16, 2015

***notifications: interview scheduled for September 29, 2015---- August 24, 2015

** Green Card Approved on spot - September 29, 2015

** notification : card ordered - September 29, 2015

** notification : welcome notice mailed - September 29, 2015

** notification : card mailed - October 1, 2015

*** green card received in mail -October 3, 2015

Adjusted from b1/b2 visa ( SERVICE CENTER - NATIONAL BENEFITS CENTER -- MSC)

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If you applied for Advance Parole and EAD at the time you submitted your AOS, your SO can receive your card and fedex it to you in Ireland. Not great, but at least you don't derail everything.

This is fraud.

How do explain getting AP AFTER leaving the the U.S. without AP?

How can someone legally get AP after leaving and automatically revoke the AOS as a matter of law?

Getting AP after the AOS is automatically revoked does not unring the bell.

Edited by aaron2020

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I found myself in a similar situation back in 2006 I will tell you what course of action worked for me.

At the time I had my AOS pending. I had not applied for EAD nor a travel document.

Sadly shortly after my application was submitted my mother passed away suddenly. I immediately booked the next flight to Ireland the next morning from Houston TX where I resided at the time.

It dawned upon me that by exiting the country prior to approval it could jeopardize my AOS.

At the airport I was fortunate enough to notice a DHS official walking in the terminal and I explained my dire situation and how I want to be guaranteed admittance when I return to the states. She expressed her sympathy and explained that due to the law I would be forfeiting my AOS.

My spouse at the time suggested we try one last minute alternative. I approached the British airways counter and explained my unique situation and they were incredibly understanding they changed my ticket for the following day to allow me to have an emergency meeting at the Immigration office in Houston. I would like to add that British airways were incredibly compassionate and I will recommend them because of this.

The next morning, we drove to the Immigration office (without an appointment) they granted me one once things were explained. Long story short they issued me my advance parole travel document on the spot. It was a 2 page piece of paper with my picture saying i was granted approval to re-enter and continue the AOS process. It was a very stressful time for me and the legal burdens on top of my bereavement was a nightmare. In hindsight, although it delayed me from being with my family I was fortunate to make the decision to do things the way I did or i would not be sitting here in the US now a Naturalised citizen.

To the OP I send my best wishes and I hope that your father will recover. My best suggestion is to please visit your local immigration office either with or without an appointment to acquire an emergency advance parole document. I have had my opinions in the past with the USCIS but in all fairness both them and British Airways did the best they could to ease a very difficult situation. After receiving the required paperwork i flew to Ireland that same afternoon and to my surprise British airways had even upgraded me to first class.

...after a traumatic six weeks in Ireland, I returned to the US, i presented the paperwork and they took me into the back room to review it, after ten minutes i was admitted with a stamp in my passport... my approved conditional greencard arrived like two weeks later.

I hope this helps!

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