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Michal K.

Advance parole document

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Hi guys,

 

my partner and i filed for asjustment of status in the states in april this year. I sisntbwait for the issueingbof advance parole and left the country in June because my mother was very ill in the uk. Thought I couldn't renter the state she but right now my partner has told me that advance parole and work permit has been issued in my name.

if he sent me the documents via post would I have a chance to reenter the country on these documents? I have heard that my application was technically abandoned but do u think if I showed up with the advance parole on the border an immigration officer would admit me?

 

thanks

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Could it happen? Yes. Should it happen? No. 

 

As a matter of law and procedure, you abandoned your AoS application the moment you departed the US without AP. That means your dependent applications of the AP and EAD were also invalidated. Despite the fact that these documents were issued and exist, they are invalid. 

 

If you managed to enter on the AP, USCIS will likely notice that you left before the AP was granted, and your I-485 would be denied. You'd then have even more issues because you wouldn't have a legal entry from which to file a second AoS application, due to you entering on an invalid AP. 

 

If you entered on a K-1 then your US citizen spouse will now need to file an I-130 for you. If you already have a pending I-130 as part of the AoS process you started (i.e. you filed concurrently) then the I-130 can still be approved even when the I-485 would be denied. 

 

Expect it to take around a year for you to receive your immigrant visa. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Actually abandoned, you now will be doing Consulate Processing.


“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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Moved from K3 Process & Procedures to Working & Traveling During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 22/09/2017 at 11:19 PM, Boiler said:

Actually abandoned, you now will be doing Consulate Processing.

Right! But Will the process be slightly more simplified? I wonder. Is part of the process like the family petition still valid or would I have to reapply for everything? 

 

Could you tell me? I’ve heard someone telling me that there’s is a form to use to readjust the already submitted family petition. 

 

Thank you

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Well you would be going through Consular Process rather than adjusting.


“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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As mentioned in the other thread, the approved I-130 remains approved. You now need to ask for that to be sent to the NVC to continue the visa processing for a CR-1 visa. There is a form and a fee to pay but can't remember the number of the form right now. 


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Reunited at last!

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US permanent resident since December 19, 2016

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This story is getting very complicated.

 

You previously said the following:

 

- you arrived in March this year on the VWP with no intention of staying

- things changed, you got married and decided to stay

- your husband became abusive to the point where you could not continue with the marriage and you left the country

- by this time you had been in the US for 92 days so it was a 2-day overstay on the VWP as the AOS was not complete, therefore abandoned

- you were concerned that you would have problems returning due to the overstay and had no intention of living here, at most you wanted to come as a visitor to initiate divorce proceedings

 

 Now you're saying you left because of your mother's illness and not because of your abusive husband and you are wanting to return to your husband. In the previous thread you were hoping to use the abuse as a forgiveness for the overstay -  in other words, you would have stayed and completed the process but had to leave for your own safety. 

 

To get good information out, you have to put good information in. Please keep the story straight. It annoys people who give their free time voluntarily to answer questions if people are making things up, particularly when it involves sick parents or abusive husbands as these are subjects which many people have had to deal with in real life. 

Edited by JFH

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Reunited at last!

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US permanent resident since December 19, 2016

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9 minutes ago, JFH said:

This story is getting very complicated.

 

You previously said the following:

 

- you arrived in March this year on the VWP with no intention of staying

- things changed, you got married and decided to stay

- your husband became abusive to the point where you could not continue with the marriage and you left the country

- by this time you had been in the US for 92 days so it was a 2-day overstay on the VWP as the AOS was not complete, therefore abandoned

- you were concerned that you would have problems returning due to the overstay and had no intention of living here, at most you wanted to come as a visitor to initiate divorce proceedings

 

 Now you're saying you left because of your mother's illness and not because of your abusive husband and you are wanting to return to your husband. In the previous thread you were hoping to use the abuse as a forgiveness for the overstay -  in other words, you would have stayed and completed the process but had to leave for your own safety. 

 

To get good information out, you have to put good information in. Please keep the story straight. It annoys people who give their free time voluntarily to answer questions if people are making things up, particularly when it involves sick parents or abusive husbands as these are subjects which many people have had to deal with in real life. 

Also the fact that I was in the process of adjusting status in the USA but had to leave due to abuse.

 

Excellent catch.


“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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11 minutes ago, Boiler said:

 

Excellent catch.

But unfortunately such exposés usually lead to complete silence from the OP and we never get the full story 😕


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Reunited at last!

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US permanent resident since December 19, 2016

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57 minutes ago, JFH said:

But unfortunately such exposés usually lead to complete silence from the OP and we never get the full story 😕

Such is the nature of VJ, but often there are enough clues to come to a reasonable conclusion.


“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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The lesson I learned in reading the OP story along with many others is if you do AOS do not leave the US until the process is over. Not without advanced parole.

 

With your overstay your passport is going to be flagged from this point forward. My passport is flagged too for different reasons. But it is the same consequence. Every time I attempt to enter the US I am expected to produce a bible amount of evidence of ties back to my country. They want concrete evidence I am respecting the immigration process and can produce evidence I am carrying out the process legally. Every single time I go to the airport I know I might get turned away and sent back home. I am able to enter without a visa similar to your ESTA process.

 

Be grateful you are traveling from a low risk country because you would not have a glimmer of hope to visit otherwise. In order to immigrate to the US now you must complete the consulate process which takes several months. The fact you have an i130 approved is the lengthiest part of the process. To complete NVC and consulate at least you will not be looking at a full year like us in being apart.

 

You can attempt to apply for a B2 visa but you will be heavily scrutinized. They will want to hear that you fully understand AOS is no longer an option and you won't even try. I have this conversation with secondary every time I cross and explain the steps I am doing to carry out the process legally. They also want evidence of strong ties to your country such as a job, school, appointments, financial records that show you can pay for your trip, a return ticket home, etc. I only travel for 1-2 weeks every 7 weeks as you are not allowed to spend very much time in the US while you are waiting for a CR1 abroad. If you are fortunate to get a B2 visa you will be asked how long your trip is and if you do not return home on the day you said it can be grounds for CR1 termination. I was told some people get denied entry for their own protection if they feel they are at risk to their own immigration application.

 

The first time I attempted to cross I was put on the SSSS list (special security list) as I presume I was an immigration flight risk. This very well might be what you are facing should you attempt to cross the border. Once you are flagged you will continue to be flagged until the process is finalized either way. Every time I cross I am told to report to secondary. I book a 4-5 hour layover every time I travel to the US.

 

I would honestly not monkey around and as others mentioned firm up your story. I can speak from personal experience it is extremely intense when you are pulled into secondary and asked rapid questions. I did not attempt to cross until I had solid evidence of both my ties and proof I was in immigration proceedings abroad.

Edited by acidrain

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On 26/11/2017 at 4:26 PM, JFH said:

This story is getting very complicated.

 

You previously said the following:

 

- you arrived in March this year on the VWP with no intention of staying

- things changed, you got married and decided to stay

- your husband became abusive to the point where you could not continue with the marriage and you left the country

- by this time you had been in the US for 92 days so it was a 2-day overstay on the VWP as the AOS was not complete, therefore abandoned

- you were concerned that you would have problems returning due to the overstay and had no intention of living here, at most you wanted to come as a visitor to initiate divorce proceedings

 

 Now you're saying you left because of your mother's illness and not because of your abusive husband and you are wanting to return to your husband. In the previous thread you were hoping to use the abuse as a forgiveness for the overstay -  in other words, you would have stayed and completed the process but had to leave for your own safety. 

 

To get good information out, you have to put good information in. Please keep the story straight. It annoys people who give their free time voluntarily to answer questions if people are making things up, particularly when it involves sick parents or abusive husbands as these are subjects which many people have had to deal with in real life. 

I left because of the abuse factor and having my mum’s bipolar Illness in mind. Yes I did overstay but would love to return to visit the country. I’ve got friends and family there. Having to apply for a visa through the embassy in London living in Manxhester would be painful.

 

and if I was issued new esta on the website and told the clearance officer at the airport the story would they admit me? I wonder. Last time I checked my entries into the United States online my last departure was dateless. Whether it was because I already overstayed or because the system didn’t catch me on departure god only knows.

 

i want to return heeeeellllp

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2 minutes ago, Michal K. said:

I left because of the abuse factor and having my mum’s bipolar Illness in mind. Yes I did overstay but would love to return to visit the country. I’ve got friends and family there. Having to apply for a visa through the embassy in London living in Manxhester would be painful.

 

and if I was issued new esta on the website and told the clearance officer at the airport the story would they admit me? I wonder. Last time I checked my entries into the United States online my last departure was dateless. Whether it was because I already overstayed or because the system didn’t catch me on departure god only knows.

 

i want to return heeeeellllp

I don't mean to be cheeky but you can continue to ask the same question until someone gives you the answer you are looking for.

 

The fact is you have an overstay and there is a real probability customs is going to know about it.

 

I am sorry your situation got very complicated. As mentioned before I understand how life happens.

 

However, it's customs job to follow the rules. One of the questions I would be asking is what is going on for you? Are you completing the CR1 process abroad? If so have you filed paperwork? What are your ties home? If you claim abuse the officer is going to want to know why on earth you would want to return to him? What is the reason for your trip? What evidence are you going to show an officer you will return home? These are real questions they will ask if you can overcome your ESTA situation.

 

Your overstay would not be caught on your return home but rather your next flight to the US.

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You are ineligible to apply in the first place.

What are the eligibility requirements for the Visa Waiver Program?

You must meet ALL of the following requirements to travel to the United States on the Visa Waiver Program:

  • Each traveler must be a citizen or national of a Visa Waiver Program participant country

  • Each traveler must have authorization through the Electronic System for Travel authorization (ESTA)
    Travel must be on an approved carrier

  • Previous compliance and no prior visa ineligibilities

  • Have the correct type of passport


“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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