leaving the country in the middle of status change

[rajshandil 0]

In the middle of my wifes status change (I-485) from k-1 visa, we had to travel back to fiji for very sick family member. we called USCIS to expedite her case but no luck. we were advised to file for a travel document. we filed I-131 and no response yet. however my family members health got worst and we had to leave and go to Fiji. while in Fiji we went to the US Embassy and obtained travel papers back to the point of entry. In Los Angeles we were held up for 7 hours and treated very badly. finnally they released my wife with an appointment where she still may be depoted or we may have to re-file I-485. what do we do? please help!!

[sachinky 464]

Her AOS application was considered abandoned since she left the country without an Advance Parole. You're lucky she was let in, 7 hours of mistreatment notwithstanding.

Chances are you will have to refile the AOS from scratch.

I'd consult a lawyer and get his opinion before 'that appointment.' IF things don't go well for you, then you would have to file for a CR-1.

[VanessaTony 3,567]

Long story short, leaving the US without an AP document while AOS is pending means you have abandoned your application for AOS.

Luckily you are given a chance to "fight" to stay by going before an Immigration Judge and pleading your case. You will need a competent Immigration Lawyer to help you through this next stage and it will likely cost a lot of money.

From your post it appears it was YOUR family member, not your K1 wife... is this correct? You will most likely be asked to explain why she didn't just stay behind (in the US). Why you didn't apply for AP when you applied for AOS, why you didn't make an infopass and request an expedited AP... all sorts of things. I honestly don't know the rates of approval.

You may need to start thinking about what happens if her case is denied. She will be given 30 days I believe to leave the country if she is denied and you might need to re-file for a spousal visa (CR1 is best). I don't know much about them. Hope someone else has better news for you.

At the very least, you will DEFINITELY need to hire a good immigration lawyer. There are others but Laurel Scott is a popular one.

Good luck!

** moved from K-1 Fiance(e) Visa Process & Procedures to Effects of Major Family Changes on Immigration Benefits as this is a more appropriate location, might not be the best, but better than where it was**

Edited June 10, 2010 by Vanessa&Tony

[SuperDuper! 230]

Sorry for your dire family circumstances. But you left the country without CYA, so you must "go back to the end of the line" and start your AOS process again. I hope you made your choice in a rational way, and not just emotional decision. This is a situation where a lawyer is likely indicated. Call Marc Ellis.

[JimVaPhuong 4,863]

At the very least, you will DEFINITELY need to hire a good immigration lawyer. There are others but Laurel Scott is a popular one.

Laurel Scott is certainly a very good attorney, and very popular. Unfortunately, she only handles I-601 waiver cases, which doesn't appear to apply in this case. His wife isn't inadmissible, so no waiver is needed. She just didn't have the appropriate entry pass or visa when she returned to the US.

I agree a consultation with an attorney is advised. It sounds to me like she's eligible to apply for AOS again without penalty, since she was paroled into the US by CBP. I don't think this needs to get as far as removing proceedings. I think she can just resubmit the AOS petition and go back to the end of the line.

[VanessaTony 3,567]

Laurel Scott is certainly a very good attorney, and very popular. Unfortunately, she only handles I-601 waiver cases, which doesn't appear to apply in this case. His wife isn't inadmissible, so no waiver is needed. She just didn't have the appropriate entry pass or visa when she returned to the US.

I agree a consultation with an attorney is advised. It sounds to me like she's eligible to apply for AOS again without penalty, since she was paroled into the US by CBP. I don't think this needs to get as far as removing proceedings. I think she can just resubmit the AOS petition and go back to the end of the line.

Didn't know that about Laurel Scott, thanks for the info

Allowing entry is standard practice as it affords the chance to "fight" the deportation stuff. This only occurs if the AOS is pending, if you haven't even filed AOS yet (say you entered on a K1) then they wouldn't permit entry unless you had a valid visa, and then yes, you would have to start the AOS process all over again. In the OP's case they have only permitted entry in order for the OP to go in front of an immigration judge. If the hearing doesn't go well then they are ordered removed, or if it goes okay, it's likely they'll just make you start AOS all over again (including the I-130)...

The OP shouldn't do anything (in regards to re-filing AOS) until they attend their court hearing. Wasted money otherwise.

As always, see an immigration lawyer ASAP.

**Edited for clarification

Edited June 12, 2010 by Vanessa&Tony

[JimVaPhuong 4,863]

Didn't know that about Laurel Scott, thanks for the info

Allowing entry is standard practice as it affords the chance to "fight" the deportation stuff. This only occurs if the AOS is pending, if you haven't even filed AOS yet (say you entered on a K1) then they wouldn't permit entry unless you had a valid visa, and then yes, you would have to start the AOS process all over again. In the OP's case they have only permitted entry in order for the OP to go in front of an immigration judge. If the hearing doesn't go well then they are ordered removed, or if it goes okay, it's likely they'll just make you start AOS all over again (including the I-130)...

The OP shouldn't do anything until they attend their court hearing. Wasted money otherwise.

...except talk to an attorney. Personally, I wouldn't want to appear in front of an immigration judge without an attorney.

[VanessaTony 3,567]

...except talk to an attorney. Personally, I wouldn't want to appear in front of an immigration judge without an attorney.

Actually I was directly referring to your recommendation of refiling AOS. I understand how it appeared confusing. Edited for clarification.

[Brother Hesekiel 2,235]

I agree with your assessment that immigration matters might have to take a back burner to a medical emergency.

If I were in your shoes and my wife was the most qualified surgeon able to operate on a close family member in her home country, I might have done the same thing you did. We Europeans just have the luxury of so many qualified doctors that we don't have to worry about mediocre medical treatment without us being personally present. Regrettably, I haven't been able to visit Fiji yet (I heard it's fantastic!) but can imagine that life might be quite different over there.

What matters most and foremost is that your wife was able to help her close family member. She must be a wonderful and caring woman and a qualified doctor.

[Radkova 11]

she should've never left.. laurel has a facebook