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

[SAALPH 0]

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!

[Darnell 8,478]

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.

[SAALPH 0]

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?

[aaron2020 11,651]

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 June 15, 2015 by aaron2020

[NigeriaorBust 4,087]

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.

[belinda63 2,981]

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?

[SAALPH 0]

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!

[apple21 953]

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?

[NigeriaorBust 4,087]

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.

[Penguin_ie 5,986]

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.