Don't leave without advance parole! A horror story

[Ben&Zian 4,397]

41 minutes ago, bad4tatt said:

I do not understand why people do not read anything they sign. USCIS site is there for a reason. When you look to file AP it specifically states not to travel without it or AOS is considered abandoned and you will not be let in.  It's like people are afraid to use their website that has any info one would need. Then come to this site freaking out looking for help.  ughhhh!!!

 

Great point. A lot of people try to blame the system or the "rules"... but yet they are the ones who didn't bother to even think of, read about, or try to understand what they were getting involved in, then turn around and blame the 'game' so to say. Oh well.

[Unlockable 7,306]

I just shook my head at the part where he said his next strategy was to go to USCIS and plead for them to let his wife back in. At the end it looked like he would move to Mexico to wait it out with his wife.

[Springrain22 427]

This may sound very harsh, but stupidity should be painful. For only one reason: next time they won't do the same mistake, and other people will learn from their experience.

[Paul & Mallory 1,398]

1 hour ago, Springrain22 said:

This may sound very harsh, but stupidity should be painful. For only one reason: next time they won't do the same mistake, and other people will learn from their experience.

Not harsh at all - the best lessons we learn are the ones we learn the hard way, unfortunately.

 

Of course it's easy for us to pass judgement from here, just based on those few comments - it's not as though the person has come here and shared the entire story. But... this really appears to be a case of bad judgement on their part. You come across the disclosure more than once throughout the process explaining the purpose of the AP - it's clear cut with no hidden small print that you CANNOT leave the country until it's been approved. And he says they "figured/assumed" she would be let back in just because of the appointment they had - this is not the kind of process where you should be assuming anything. If that was a thought they had, they should have verified it beforehand - which of course would have educated them on the fact that, NO, the appointment alone would not guarantee his wife re-entry.

 

Until my husband has full citizenship, even after completing all the necessary paperwork, I'm pretty sure we will be checking and re-checking things before we ever board a plane or otherwise leave the country. One of the most devastating obstacles with immigration, I think, is winding up losing everything you've worked for so far over a small mistake or error on your part where you go "I should've known better".

[geowrian 22,335]

smh...why do people not put in the 5 min worth of research (or asking a question) first? The information to not leave under those circumstances is all over the place. It would have saved them so much money, time, stress, etc.

I still feel bad for them, but their situation is entirely their own ignorance. Choices have consequences....time to pay the piper.

 

Luckily, they didn't come on a K-1 visa. If so, they would have to start the whole process over with an I-130. Since they did concurrent filing of the I-130 + I-485, only the I-485 is denied...the I-130 should remain open to go through consular processing. Hopefully the IO updates it to do so...otherwise an I-824 may be needed to get USCIS to send it to NVC.

Edit: Whoops...missed the last posts. The IO agreed to do so w/o the I-824.

 

Also, props to the attorney...proper immigration advice and expectations, including confirming no bar (expedited deportation) for trying to enter without a proper visa.

[mushroomspore 3,043]

2 hours ago, Springrain22 said:

This may sound very harsh, but stupidity should be painful. For only one reason: next time they won't do the same mistake, and other people will learn from their experience.

Not harsh at all. I'm a fiction writer and have worked in all kinds of offices so I'm used to reading insane volumes of everything from legal papers to fiction to equipment manuals. Naturally when it came time for us to go through this process, I was the one who read every single one of the instruction packets and explained it all to my husband because he was the one working and didn't have the free time to research. I don't know how much time I spent Googling all kinds of forums and law websites to make absolutely sure we didn't do anything like accidentally abandon our application. I understand English is not everybody's first language. However, for ALL couples going through this process, it IS the first language for the American citizen so there's really no excuse. EDIT: I shouldn't assume English is the first language for all USC's because I realize many citizens are naturalized and grew up with a different language as their first. However, if they naturalized, it means their English is strong enough. The language on the USCIS forms can be a little confusing but they're not definitely not laden down with complex and technical legalese. The rules of AP and the phrase "abandoning your application" are easy enough to understand.

 

There have been a few posts lately where people accidentally filed I-90 for RoC or didn't file at all (what?!?!) or things like this where the forms and instructions were clearly not read and understood. It's SO SO SO important and literally decides two people's fates and lives in this country, especially for the foreigner. They messed up big time and it absolutely could have been avoided SO easily. I hope it works out for them but I also hope they smarten up.

Edited May 31, 2018 by mushroomspore

[TNJ17 1,329]

Omg I don’t feel sorry for those people at all. They were just flat out stupid. Why would you leave the country without the proper paperwork to return. All of that information is easily accessible. It’s not an excuse.

[chi6488 93]

Ignorance is not an excuse for anything

 

[TNJ17 1,329]

Moral of the story here: read, research, read then research some more then read some more and when you think you know enough about it, read and research some more before doing anything. 

[shumway1756 304]

Read, read, read... and then read again! This is a shame because even the first "read" would have told them not to do this. I do feel bad for them, I'm sure they're a fine couple, but they really don't have an excuse. This isn't the kind of process where you can just dance your way across the border without knowing the rules for return.

 

I used the JustAnswer site once for some questions I had. The lawyer gave horribly inaccurate answers, and I actually had to correct some of his statements by citing USCIS instructions. I'm sure there are some good lawyers on there, but I definitely got a dud. I recommend caution with that service (and any lawyer for that matter).

Edited May 31, 2018 by shumway88
Typo adjustment.

[SaRy 73]

In addition to all what's been mentioned in the previous comments, why would anyone book a flight for the same day they have the interview...

[geowrian 22,335]

2 hours ago, SaRy said:

In addition to all what's been mentioned in the previous comments, why would anyone book a flight for the same day they have the interview...

Seriously! What if the flight got delayed, plane diverted, or cancelled? That's just extremely poor decision making skills in general.

[SaRy 73]

1 minute ago, geowrian said:

Seriously! What if the flight got delayed, plane diverted, or cancelled? That's just extremely poor decision making skills in general.

Exactly my thought! Besides, one needs to be prepared and well rested. Not just arriving from the airport.

[Rocko20 159]

15 hours ago, Teemo said:

This is actually a paid service, so the USC was paying a lawyer to get his answer to his questions on this case. Not saying these are gospel, but this is certainly a couple steps higher than the free sites where the lawyer is trying to solicit services.

I've used sites like that before, pay a quick fee and get some solid consultation from an experienced lawyer. It also lets you get a refund in case you're not satisfied. Very convenient for some quick professional answer and pretty ingenious concept .

 

Back to the original topic, rules are rules. Me and my fiance are going to file the advanced parole and only use it for some type of family emergency, we don't plan to use it (Still waiting for the NOA2 right now).

The fact that the person in the link of the original post did this on the same day of a scheduled interview is incredibly insane

Edited June 1, 2018 by Rocko20

[TBoneTX 42,990]

Given that the one constant in anyone's immigration stepladder is time (interminably dragging), it's incumbent to use that time to become students of the entire process.

 

For example, it's disturbing to see I-129F filers/K-1 applicants ask (in multiple such threads), "After she's admitted to the U.S., we'll marry the next day and then go on a Caribbean cruise for our honeymoon.  Is this a problem?"  Did no one use the time between petition submission and the consular interview to study the restrictions of the subsequent stage?  (And why would people pray for U.S. admission for a year and then immediately seek to leave?)

 

The great VJ member pushbrk has said, "Read carefully, interpret literally, and answer completely & honestly."  Also presuming comprehension skills, that concisely states how to navigate this infernal legal-immigration process.

Edited June 1, 2018 by TBoneTX