Jump to content
SAALPH

Family left on I-485/I-130 pending without Advanced Parole

10 posts in this topic

Recommended Posts

Hi,

So I am an American and Canadian citizen. The rest of my family (mother, father, and two siblings) are all Canadian citizens. My family moved to the US about three years ago. At first the were here on my dad's TD visa, then I applied for my dad to get his green card and he currently has it. The rest of my family, however, on an I-485/I-130 pending. Now, when they were on the TD visa they crossed the border annually to make their stay here legal. Without knowing what their current status and thinking that they still have to make that trip, they yesterday went to Canada and now my mother and two siblings cannot get back in. What is something they can do, because they have lives here in the US? They bought a house recently, my siblings go to school here (High school and college). I don't know what to do and any piece of advice would help, thanks in advance!

Share this post


Link to post
Share on other sites

alas, when they left, they abandoned their path to obtaining a green card.

USCIS must have noticed that, and sent a note into the CBP computer system, where CBP saw it and denied them entry based on this abandonment.

I don't know what to suggest for remedy, sorry.. at least something that would get them in within the next 2 weeks.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

alas, when they left, they abandoned their path to obtaining a green card.

USCIS must have noticed that, and sent a note into the CBP computer system, where CBP saw it and denied them entry based on this abandonment.

I don't know what to suggest for remedy, sorry.. at least something that would get them in within the next 2 weeks.

We are at a point where any suggestion will work. Thanks for your input. So, do you know anything that could get them in in the next 2 weeks?

Share this post


Link to post
Share on other sites

We are at a point where any suggestion will work. Thanks for your input. So, do you know anything that could get them in in the next 2 weeks?

Hi,

Unfortunately, no.

By leaving the U.S. without Advance Parole, they legally abandoned the AOS.

They will need immigration visas to return to the U.S. It will take about a year or more.

On what basis were your siblings adjusting? As a USC, you could adjust dad and mom in the U.S. Their children would not qualify to adjust based on a petition from you. Furthermore, it would take 2-3 years for your dad to petition them and a current PD would be required to AOS.

Sorry.

Edited by aaron2020

Share this post


Link to post
Share on other sites

You could have filed AOS for your parents as mentioned, for a sibling the wait for a visa is 13 years. Your father, based on his green card can file for the children but the high school aged one will take about 2 years with little chance to get a student visa ( not normally given for high school studies ) the college aged child depending on the age may age up to the adult child and the wait will be about 8 years but they may get a student visa. However proving ties to Canada may not be easy of you and the parents are here.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

Not much that can be done except wait for the I-130 to be approved and do the consular processing in Canada. They are obviously flagged in the computer and the AOS has been abandoned although the I-130 is still valid. As to the siblings, how were they filed for as they are not eligible for immediate adjustment of status either through you or through dad?

Share this post


Link to post
Share on other sites

Not much that can be done except wait for the I-130 to be approved and do the consular processing in Canada. They are obviously flagged in the computer and the AOS has been abandoned although the I-130 is still valid. As to the siblings, how were they filed for as they are not eligible for immediate adjustment of status either through you or through dad?

That is some good news. I just confirmed with my father and he said that he got them I-130's using his green card.

Thanks everyone for your input!

Share this post


Link to post
Share on other sites

i130 for spouses and children below 21 of LPRs take more or less 2 years to complete. What is their priority date? How old are the children?

Share this post


Link to post
Share on other sites

Filing an I130 and them getting a visa to immigrate are events that are years apart. When did your father file and what are your siblings ages ? If he just recently filed then they are about 2 years from returning to the US. If He filed some time ago they are 2 year minus that time from returning. They obviously will not get going to school in the fall in the US.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

They could look into F1 student visas for the kids, but it will be difficult with the obvious immigrant intent.

Did the wife/ mother have her own TN visa? She may be able to get another. None of these things will be done within 2 weeks, but are worth a try if you are otherwise looking at 2+ years.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×