I485 denied. Reapply or repear

[Mamel 0]

I applied for I485 base family immigration.  I left the country without advance parole. Because of the emergency. I came back from to my trip my tourist visa still available. I just got the I130 approved. The advance parole and authorization of employment card. But the I485 is Notice of Intent  deny. I jus have a death certificate that my mom passed away the reason for my leaving the country but not the advance of parole at that time. Can I send my notice of motion of reopen. Or resubmit again. A new I485 with I131 and employment authorization?  If I will submit again. is my existing will affect my case?

Thanks 

[Boiler 45,662]

Where are you now?

[Mamel 0]

I came back to the US 

[Boiler 45,662]

To visit? You mentioned a tourist visa?

[Mamel 0]

This is how we call B - 2 . Yes I'm here for my daughter to take care of her kids. Do you have any idea what to do. Thsnks

[usmsbow 802]

It's hard to give you advice when the situation isn't clear. 

 

Your I-131 was approved, but your I-485 was rejected? If that's the case, the I-131 is now also invalid I believe. 

 

What was the reason for the I-485 rejection?

 

Edited: deleted something that was incorrect. 

 

Edited July 2, 2018 by usmsbow

[Russ&Caro 1,549]

Did your daughter originally file the AOS for you? If so, the application might be defunct now since you left without AP. Whoever it was that filed the AOS for you will probably have to do it again. I'll let others scold you for coming on a tourist visa to babysit.

[aleful 1,905]

hi

 

there is no reason to reopen the case once your i485 is denied and the case closed. you were rightfully denied, since you can't leave without an AP, no matter what the reasons were

 

you abandoned the petition once you left without the advance parole.

 

 

[Going through 5,671]

I don't understand something....

 

When you crossed back into the US with your tourist visa, and without Advanced Parole, did you at any point disclose to the CBP officer that you had a pending immigrant filing within the US?  Or did you tell CBP you were just in the US for "vacation" purposes?

 

If it was  the second....then it sounds like you have taken on the burden of also crossing the border with the INTENT to adjust status from within the US, after wrongfully leaving without the AP...and while intent is determined at the border, it may come into question for you later on the down the road with an IO when determining whether your initial (future) green card was properly approved in the first place.

Edited July 2, 2018 by Going through

[Mamel 0]

I'm a us citizen. My mother came in with tourist visa to the us . Once here I applied for an adjustment of status I-130 , I-485, and I-675 forms all at one on 01/31/2018. 

However on 03/05/2018 , my grand mother ( my mother mom) got in a comatose due to a stroke and the doctors informed the family that she had no chance to survive and my mom had to leave to see her before passing away . We went to the nearest uscis office with a medical proof however the officer there wasn't convinced that it was an emergency case and asked for more evidence and by the time we got more medical proves it was already 2 pm and the the same officer asked to get the finger print in order to issue her an advanced parole authorization in order to travel and by the time to get into the biometric office both facilities will be closed  and my mom flight was on the same day . There was no other choice , my mom flew overseas . She came back a month ago with same existing visa ( her visa is still valide until 08/2019), last week we get in the mail that the I130 is approved , I-765 also approved however the I-485 was a notice of intent to deny and reason stated was because my mom left the us without an advanced parole.

My question what to do? What options we have ? Should we appeal and explaining why my mom left including the evidence such as the hospital stay in a coma and the death certificate,  or should we re - apply again for a new I-485 if we have the right to do so? 

[Unlockable 7,315]

18 minutes ago, Mamel said:

I'm a us citizen. My mother came in with tourist visa to the us . Once here I applied for an adjustment of status I-130 , I-485, and I-675 forms all at one on 01/31/2018. 

However on 03/05/2018 , my grand mother ( my mother mom) got in a comatose due to a stroke and the doctors informed the family that she had no chance to survive and my mom had to leave to see her before passing away . We went to the nearest uscis office with a medical proof however the officer there wasn't convinced that it was an emergency case and asked for more evidence and by the time we got more medical proves it was already 2 pm and the the same officer asked to get the finger print in order to issue her an advanced parole authorization in order to travel and by the time to get into the biometric office both facilities will be closed  and my mom flight was on the same day . There was no other choice , my mom flew overseas . She came back a month ago with same existing visa ( her visa is still valide until 08/2019), last week we get in the mail that the I130 is approved , I-765 also approved however the I-485 was a notice of intent to deny and reason stated was because my mom left the us without an advanced parole.

My question what to do? What options we have ? Should we appeal and explaining why my mom left including the evidence such as the hospital stay in a coma and the death certificate,  or should we re - apply again for a new I-485 if we have the right to do so? 

In your initial post it was worded as you were the person that applied for  I-485, not your mother. In order to help you further please try to be as clear as possible.

 

Here is the issue, your mother left before she received AP (even an emergency AP). Since that happened, the case is deemed abandoned. You did have a choice and it was to abandon the pending immigrant petition and go be with a dying loved one. It was a tough decision but most tough decisions comes with consequences. Even though your mother had a valid reason for leaving, it still meant she abandoned the case. 

 

Now there is possibly another issue that @Going through touched on. Your mother entered on a tourist visa before and filed for AOS? If so, now that it was abandoned and she is back there could be some scrutiny if she attempts to AOS status again. This will mean she used a tourist visa twice with the intention of AOS (which is technically not what a tourist vis is intended for.

 

The evidence you can provide probably won't help with an appeal. You can start over and have your mother file another I-485. If asked, what happened to the old one, then she could explain.

[aleful 1,905]

hi

 

there is no way to appeal, she wasn't allowed to leave without the advance parole, it doesn't matter the circumstance. she abandoned the petition. no excuse is valid. its the law.

 

you can file again, and she can try to explain at the interview. she could be charged with intent to misuse her tourist visa. no one knows what will happen at the interview.

Edited July 2, 2018 by aleful

[Mamel 0]

Thank you very much for all. Your answers were very helpful. I appreciate your time 

[Hypnos 6,576]

Since she's in the US in a valid status then she could submit a new I-485 with a new fee. Her original I-485 was correctly denied, however, for reasons already stated by others. 

[TNJ17 1,329]

Your posts were very confusing but if I’m understanding this correctly she was rightfully denied AOS. You can’t leave the country without AP and expect to return to the same paperwork and pick things up from where you left off. I find it very interesting and kind of hard to believe that she was able to enter the US on a tourist visa. If she was awarded an immigrant visa before they would have canceled her tourist visa so I don’t know how that happened. If her AOS was denied, she is probably going to be ordered to leave the country and you will have to start the process all over again. And make sure you don’t leave until you have AP in your hands.