Advanced Parole Due To Death of Mother

[Sandra G. 5,022]

Sorry for your loss. You had the option to obtain advance parole in a few hours if you went to USCIS office,they issue AP in a few hours in situations like yours, now you have to start over again filing CR1 visa.

[PhilLuv 43]

Sorry for your loss. I was in the exact same position last year. I had to get an emergency AP before leaving. I did a quick wedding on 1st March, applied for the AOS immediately, got receipt of application made within days, and made an infopass appointment. Went to the Philadelphia office within minutes of closing and got the AP that was good for 3 months. Left for the UK immediately.

It is a shame that they do not make room for such situations. Maybe it has been abused in the past, not sure.

[ayceman 3]

Hi

I came to usa on k1 visa, got married and was here 7 weeks... applied for adjustment of status and also advanced parole as my mother was ill in hospital. two weeks later my mother was given days to live... it was a sat... i had not received any notification on advanced parole... but could not wait.. could not get to speak to any one.. so left usa to return to uk... was here for just over 48 hours and my mother died... ... so i could not have waited any longer for the advanced parole ok. i would not have be able to say goodbye..any way i have since received confirmation of receipt of i485 sent the usa embassy in the uk an email to say please could i return and they have said no.. i need to start again with a spouse visa this time... is there any thing i can do to appeal. against this decision.... i am devastated... not only have i lost my dear mum... but now i have to wait prob a year before i can get back to states... but the adjustment of status is still going through at present... any ideas please or help..with this. would be appreciated..

So Sorry to hear what happened to you, why not wait for USCIS to send the Advanced Parole Document to your husband and then he can send it to you? Refiling for a CR1 does not make any sense that should not apply to you, if they do not know you have left, it would be quicker to wait for that document to be sent. If that is not an option send all the documentation you can to your husband have him book a same day INFOPASS appointment and request emergency AP for you. Nothing is lost by trying.

[aaron2020 11,651]

So Sorry to hear what happened to you, why not wait for USCIS to send the Advanced Parole Document to your husband and then he can send it to you? Refiling for a CR1 does not make any sense that should not apply to you, if they do not know you have left, it would be quicker to wait for that document to be sent. If that is not an option send all the documentation you can to your husband have him book a same day INFOPASS appointment and request emergency AP for you. Nothing is lost by trying.

Don't advise people to commit fraud.

"They don't know you have left" is bad advice. You are suggesting she fraudulently continue the AOS. What happens when she tried to re-enter the US? What happens when the records finally matches up? No punishment?

AP getting issues AFTER she leaves is not valid. It doesn't undo the fact that she legally abandoned the AOS when she left without AP. An Infopass will not solve the problem.

Edited November 3, 2015 by aaron2020

[ayceman 3]

Don't advise people to commit fraud.

"They don't know you have left" is bad advice. You are suggesting she fraudulently continue the AOS. What happens when she tried to re-enter the US? What happens when the records finally matches up? No punishment?

How is that Fraud? Her situation is unique and the circumstances can be justified, but that is why I recommended that her husband request an INFOPASS appointment with all the documentation in hand to request emergency AP. Filing for a CR1 should not be the only alternative for the person.

Don't advise people to commit fraud.

"They don't know you have left" is bad advice. You are suggesting she fraudulently continue the AOS. What happens when she tried to re-enter the US? What happens when the records finally matches up? No punishment?

AP getting issues AFTER she leaves is not valid. It doesn't undo the fact that she legally abandoned the AOS when she left without AP. An Infopass will not solve the problem.

And are you a lawyer that actually state that as a fact? I think she needs to consult with a qualified immigration attorney you cannot sit here and tell her how the INFOPASS appointment will go.

Edited November 3, 2015 by ayceman

[aaron2020 11,651]

How is that Fraud? Her situation is unique and the circumstances can be justified, but that is why I recommended that her husband request an INFOPASS appointment with all the documentation in hand to request emergency AP. Filing for a CR1 should not be the only alternative for the person.

It's fraud because you advise her to continue the AOS because "they don't know she left." That's committing fraud - continue a process she no longer qualifies for by hiding a material fact.

There is no other option. The CR1 is the only alternative.

[ayceman 3]

It's fraud because you advise her to continue the AOS because "they don't know she left." That's committing fraud - continue a process she no longer qualifies for by hiding a material fact.

There is no other option. The CR1 is the only alternative.

I think she needs to consult a lawyer before making that decision her circumstances are extenuating and merit review before proceeding.

[aaron2020 11,651]

How is that Fraud? Her situation is unique and the circumstances can be justified, but that is why I recommended that her husband request an INFOPASS appointment with all the documentation in hand to request emergency AP. Filing for a CR1 should not be the only alternative for the person.

And are you a lawyer that actually state that as a fact? I think she needs to consult with a qualified immigration attorney you cannot sit here and tell her how the INFOPASS appointment will go.

I don't have to be a lawyer to state the fact that the AOS has been abandoned and the OP needs a CR-1 visa. Time and experience is all I need. I have spent decades helping people immigrate to the US. You joined this forum a few months ago. You should understand that those with much more experience than you would know more than you. I don't need to be a lawyer to rely on my many years of experience. Edited November 3, 2015 by aaron2020

[heo luoi 206]

What's so 'unique' about her situation? It sucks, but not really sure its 'unique'

Shes also already asked her local embassy about it so "they' don't know would be suspect" at this point. Would agree the risk of trying AP and its repercussions sounds way too risky considering how this situation already went bad to worse. Pivot, adjust, carry on OP.

Edited November 3, 2015 by heo luoi

[ayceman 3]

I don't have to be a lawyer to stay the fact that the AOS has been abandoned and the OP needs a CR-1 visa. Time and experience is all I need. I have spent decades helping people immigrate to the US. You joined this forum a few months ago. You should understand that those with much more experience than you would know more than you. I don't need to be a lawyer to rely on my many years of experience.

Experience is not the sole basis for being qualified to offer a final opinion also you do not know my background prior to joining, I feel at the very least it would be prudent for her to consult an attorney, and have her husband booking an INFOPASS appointment will not hurt anything worse case scenario they say no but if he presents the reasoning for her departure perhaps something can be done. After all it is not common knowledge that someone going through the process can book an emergency appointment and actually get emergency AP approved.

Edited November 3, 2015 by ayceman

[ayceman 3]

What's so 'unique' about her situation? It sucks, but not really sure its 'unique'

Shes also already asked her local embassy about it so "they' don't know would be suspect" at this point. Would agree the risk of trying AP and its repercussions sounds way too risky considering how this situation already went bad to worse. Pivot, adjust, carry on OP.

the OP should consult an attorney or at least have her husband book an INFOPASS appointment and see what can be done and yes I forgot about the embassy being told so I am going to edit my original post.

[aaron2020 11,651]

From the USCIS website: http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.

[ayceman 3]

From the USCIS website: http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.

"you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application."

​You may is not a definitive statement there is room for discretion, she could be readmitted worse case reapply for AOS, filing for a CR1 and waiting for a year should not be her first resort, either way OP at the very least have your husband book an INFOPASS appointment with documents in hand if at that point they say there is nothing that can be done then there you have apply for the CR1.

[aaron2020 11,651]

the OP should consult an attorney or at least have her husband book an INFOPASS appointment and see what can be done and yes I forgot about the embassy being told so I am going to edit my original post.

The OP is not unique. Many people have done exactly what she did - leave without AP while applying for AOS.

Since you are new here, you should take some time to look at the threads from those who left without AP before giving advice.

Saying see a lawyer or make an Infopass based on not researching a situation is dangerous. . . Especially that part where you advised them to continue with the process and have the husband send the AP because the US government "do not know she left" is advising them to commit fraud.

"you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application."

​You may is not a definitive statement there is room for discretion, she could be readmitted worse case reapply for AOS, filing for a CR1 and waiting for a year should not be her first resort, either way OP at the very least have your husband book an INFOPASS appointment with documents in hand if at that point they say there is nothing that can be done then there you have apply for the CR1.

I defer to your 3 months of experience. Notice that no one agrees with you. OP can decide for herself. OP has gotten the advice she needs for her next step. Peace out. Edited November 3, 2015 by aaron2020

[ayceman 3]

The OP is not unique. Many people have done exactly what she did - leave without AP while applying for AOS.

Since you are new here, you should take some time to look at the threads from those who left without AP before giving advice.

Saying see a lawyer or make an Infopass based on not researching a situation is dangerous. . . Especially that part where you advised them to continue with the process and have the husband send the AP because the US government "do not know she left" is advising them to commit fraud.

I defer to your 3 months of experience. Notice that no one agrees with you.

Just because nobody agrees on a Forum does not make that universal law, I have researched several threads and some of the recommendations made have been incorrect but that does not pertain to this thread either way why would making an INFOPASS appointment be dangerous? Can you explain? Nothing is going to be hidden at the very least they could make a judgement call and go from there? Can you point me to a thread where someone has booked an INFOPASS appointment for a similar situation and it has gone wrong?