Mother in law must return to China

[golferadam 0]

Hi everyone! We applied for my mother in law's AOS back in November. We got the letter from USCIS quickly and her biometrics were done within just a few weeks. Much faster than my wife's experience! But since then we have not received an appointment or heard any update, other than the fact her case was transferred to CSC.

Unfortunately my brother in law back in China has some health problems and my mother in law must return to help him. Are we hopeless in this situation and must abandon her AOS package? Please let me know our options. She wants to leave on Friday.

[aleful 1,905]

Hi everyone! We applied for my mother in law's AOS back in November. We got the letter from USCIS quickly and her biometrics were done within just a few weeks. Much faster than my wife's experience! But since then we have not received an appointment or heard any update, other than the fact her case was transferred to CSC.

Unfortunately my brother in law back in China has some health problems and my mother in law must return to help him. Are we hopeless in this situation and must abandon her AOS package? Please let me know our options. She wants to leave on Friday.

Hi,

it depends, how long has she been in the US? has her i94 expired, has she overstayed? please explain her situation in the US.

[golferadam 0]

Hi,

it depends, how long has she been in the US? has her i94 expired, has she overstayed? please explain her situation in the US.

Yes, her I-94 has expired. We filed for AOS prior to its expiration. I thought that they would stamp her I-94 when they did her biometrics but they didn't.

[JimVaPhuong 4,863]

Yes, her I-94 has expired. We filed for AOS prior to its expiration. I thought that they would stamp her I-94 when they did her biometrics but they didn't.

Did you file for advance parole? Since you filed for her adjustment of status before her I-94 expired then she hasn't accumulated any unlawful presence, so she wouldn't incur a ban upon leaving. However, if she leaves the US without advance parole then she'll be abandoning the AOS. She would not be readmitted to the United States if she tried to return, even if she's got a visitors visa, because she's already proven her immigrant intent. You'd have to notify USCIS that she'd left the US, and request they send the I-130 to the NVC for consular processing. Maybe by Christmas she could interview for an IR5 visa in China.

You might be able to make an InfoPass appointment and try to get an emergency advance parole for her. Bring as much evidence as you can muster proving the emergent nature of the situation. Frankly, it would be a minor miracle if you could get an InfoPass appointment before she's planning on leaving.

[bigdog 376]

Do not leave us without the AP, Jim is right.

[Darnell 8,478]

Friday? Ming Tian! Ai yo !

Now that yer wife is a USA Citizen, tell her that she can file for her mom, the I-130, culminating in a IR-5 visa. Can start prepping the package tonight - and tell Mom that she needs new civil documents for the DS-230.

Good Luck ! Leaving tomorrow without an AP document in hand - well, she'll turn in her I-94, and eventually, USCIS will get wind of it - and they'll note that since she left? She's abandoned her pursuit of the AOS process.

To come back, she'll need another visa - suggest the IR-5 this time.

Edited March 2, 2012 by Darnell

[golferadam 0]

Friday? Ming Tian! Ai yo !

Now that yer wife is a USA Citizen, tell her that she can file for her mom, the I-130, culminating in a IR-5 visa. Can start prepping the package tonight - and tell Mom that she needs new civil documents for the DS-230.

Good Luck ! Leaving tomorrow without an AP document in hand - well, she'll turn in her I-94, and eventually, USCIS will get wind of it - and they'll note that since she left? She's abandoned her pursuit of the AOS process.

To come back, she'll need another visa - suggest the IR-5 this time.

My wife filed I-130 for my mother in law's I-485 AOS. Will this have any negative impact on my wife if my mother in law abandons the I-130/I-485 that my wife submitted?

[Darnell 8,478]

it's not the form numbers, per se,

as it is 'what thing'.

Sure, an I-130 is used BOTH on a VISA path AND an adjustment of status path -

but ..

it's mostly moot now, The Mother has left, yes?

[Darnell 8,478]

hey - what news ?