Is my I131 Advance Parole Document will automatically abandoned

[Weston 4]

Hi everyone,

Here is the problem I am facing now, It would be awesome if someone could provide your kind help.

On July 17 2018, I received a letter from USCIS, from the letter, they request me to provide evidence that proving I am not leaving the country of the United States, to help them to make a decision on my I131 Advance Parole Document application. Why they asked me to provide that information, because I departed the country on April 26. Does my I131 APD will be automatically abandoned when I departed the country before receiving I131 APD approval from USCIS?

 

Details of My application:

On Dec 26 2017, I had applied for I485 adjustment of status by marriage in Dec, at the same time I submitted I131 and I765 as well.

On Feb 2 2018, I provided my biometric and photo taken.

In April, my family encountered a very serious problem, it required me to go back to my country (China) immediately. On April 16 I called USCIS for the suggestion that how could I go back to my Country, as I did not receive any approval of my I131 application. The person who answer my call, He told to me that I can go back to my country when I provided my biometric and photo taken. I believed the representative told me, then I booked my ticket and flew back to my country on April 26.   

 

As above, I could not provide the evidence to USCIS as required. I am on the crossing sidewalk, is anyone has a valuable idea for me? Thanks for advance. 

[geowrian 22,337]

When you left the US without an approved I-131, your I-131, I-765, and I-485 were deemed abandoned.

 

Are you inside the US now somehow?

[Weston 4]

Thanks for your response. I am outside of the US now.  I'm looking forward to receiving the APD from USCIS to return the US. But it seems I might not able to get the approval anymore. -:( 

Do you know is there any ways to resume the mistakes? Thanks a gain. 

[geowrian 22,337]

The likely path forward would be to apply for an immigrant visa abroad.

Here's the guide: http://www.visajourney.com/content/i130guide1

ETA: ~12-16 months

 

That said...there's always the option of trying the path that the leave was an emergency and you were unable to obtain emergency AP prior to exit from the US. This is an uphill path, but something others have attempted in the past (usually with the assistance of a lawyer, although I have nothing to point at with anybody actually having success using this method). At the very least, it may be worth a consultation with an immigration lawyer to see if it's even worth trying.

[Weston 4]

9 minutes ago, geowrian said:

The likely path forward would be to apply for an immigrant visa abroad.

Here's the guide: http://www.visajourney.com/content/i130guide1

ETA: ~12-16 months

 

That said...there's always the option of trying the path that the leave was an emergency and you were unable to obtain emergency AP prior to exit from the US. This is an uphill path, but something others have attempted in the past (usually with the assistance of a lawyer, although I have nothing to point at with anybody actually having success using this method). At the very least, it may be worth a consultation with an immigration lawyer to see if it's even worth trying.

I have thought about this way. Do you know if i withdrew all of my applications (I131,I485 and I765), and am will able to use my tourist visa( I have a B1/B2 visa) enter the USA?

[mushroomspore 3,044]

3 minutes ago, Weston said:

I have thought about this way. Do you know if i withdrew all of my applications (I131,I485 and I765), and am will able to use my tourist visa( I have a B1/B2 visa) enter the USA?

I believe your B1/B2 was cancelled after you applied for AoS. You'd have to get a whole new one.

[Roel 7,192]

4 minutes ago, Weston said:

I have thought about this way. Do you know if i withdrew all of my applications (I131,I485 and I765), and am will able to use my tourist visa( I have a B1/B2 visa) enter the USA?

You don't have to withdraw anything. You abandoned your AOS already. 

 

There is 0 chance you'll be admitted  on toursit visa.  It was canceled the moment you filed for AOS.  Why would they give you another b2? So you can use it for AOS again? That's a fraud. In case you didn't know.  Since your intent is 100% to immigrate. Gotta suck it up and file for cr1 visa and wait 12 to 14 months for it to be approved. 

Edited July 22, 2018 by Roel

[Weston 4]

9 minutes ago, Roel said:

You don't have to withdraw anything. You abandoned your AOS already. 

 

There is 0 chance you'll be admitted  on toursit visa.  It was canceled the moment you filed for AOS.  Why would they give you another b2? So you can use it for AOS again? That's a fraud. In case you didn't know.  Since your intent is 100% to immigrate. Gotta suck it up and file for cr1 visa and wait 12 to 14 months for it to be approved. 

My application is still under review, not abandoned yet. But if I couldn't provide the evidence to them. The result to my application is abandoned. As told with USCIS who told me that I can withdrew my application. After then, I might use tourist visa to enter the US, while I am in US, I can start with I130 application. Why I still bring up my concerns here, because I am afraid of believing what they said.

 

Thanks for your information, I'll double confirm with my tourist visa. Even it's still valid, but it's a risk to me to enter the US.

 

 

   

[mushroomspore 3,044]

5 minutes ago, Weston said:

My application is still under review, not abandoned yet. But if I couldn't provide the evidence to them. The result to my application is abandoned. As told with USCIS who told me that I can withdrew my application. After then, I might use tourist visa to enter the US, while I am in US, I can start with I130 application. Why I still bring up my concerns here, because I am afraid of believing what they said.

 

Thanks for your information, I'll double confirm with my tourist visa. Even it's still valid, but it's a risk to me to enter the US.

 

 

   

No, your application is fully abandoned because you left without AP. That's it. There is nothing you can do to continue that application. And do not get a new tourist visa to file I-130. That is fraudulent. Do the spousal visa process from your home country. That is the your only option.

[Roel 7,192]

When you leave US without AP your AOS is denied. Period. Nothing to review here. 

 

Your b2 cannot valid. Not to mention with prior entry and AOS on it, you'd not be admitted again just so you can commit fraud. 

 

Tell your spouse to start filing cr1 visa ASAP.  No point in waiting. 

[Weston 4]

11 minutes ago, Roel said:

When you leave US without AP your AOS is denied. Period. Nothing to review here. 

 

Your b2 cannot valid. Not to mention with prior entry and AOS on it, you'd not be admitted again just so you can commit fraud. 

 

Tell your spouse to start filing cr1 visa ASAP.  No point in waiting. 

Thanks for the confident answers. One more question, Do I have to wait for my application status change to deny, or just start filling CR1 visa and send it to USCIS right away?

[Crazy Cat 41,981]

4 hours ago, Weston said:

After then, I might use tourist visa to enter the US, while I am in US, I can start with I130 application.

A person can not enter the US on a B2 with intent to adjust status.  You are facing a tough battle here.  You abandoned your AOS, so I think your only real option is to start the CR-1 process.  @geowrian has a good point.  I would certainly get the opinion of a good immigration atty.

[Weston 4]

1 hour ago, missileman said:

A person can not enter the US on a B2 with intent to adjust status.  You are facing a tough battle here.  You abandoned your AOS, so I think your only real option is to start the CR-1 process.  @geowrian has a good point.  I would certainly get the opinion of a good immigration atty.

Thanks missileman for your response. 

[tamcloud 92]

Folks, I'm asking this question to clarify for the OP (and myself). I'm very aware that the AoS was abandoned when she left the U.S.; however, since USCIS requested a response proving the abandonment (which would officially close the case immediately), should she submit the response so that it's "dead and done"? Or, should she just let it kill itself by implication with the lack of a response? I'm wondering if the latter would in any way hinder the process of the CR-1 application that's now needed?

Edited July 22, 2018 by tamcloud

[Weston 4]

15 minutes ago, tamcloud said:

Folks, I'm asking this question to clarify for the OP (and myself). I'm very aware that the AoS was abandoned when she left the U.S.; however, since USCIS requested a response proving the abandonment (which would officially close the case immediately), should she submit the response so that it's "dead and done"? Or, should she just let it kill itself by implication with the lack of a response? I'm wondering if the latter would in any way hinder the process of the CR-1 application that's now needed?

Thanks Tamcloud. I have the concerns as your question, too. I didn't know if there any ways to hinder the process of the CR-1 when my AOS is abandoned or withdrawal.