Jump to content
frank2020

Returning Permanent Resident

 Share

4 posts in this topic

Recommended Posts

I am an American and My wife is a Thai citizen. We married in Nov. 2010. She has been a permanent resident of United States since March 2014. We have a daughter 
(from her first marriage) who is 15 now, who had a very a moderate case of Thalaseemia when we first got married. We were advised that it is best if she moves
to United States after graduating from high school for college education. Meanwhile she was living with her grandparents and uncle. During these years my wife stayed with her for 5-6 months a year.
After her last arrival in the States on Oct 2016, our daughter's condition suddenly got worse turning into acute Thalaseemia. My wife had to urgently leave back to Thailand  
mid-December 2016 to take care of our daughter's medical treatment which required blood transfusion every 3 weeks. During the last 3 years, I made frequent trips to Thailand using type 0 family visa.
providing the necessary support. Last time I returned to the states was Nov 2019. During the last 3 years we were overwhelmed providing her with best medical treatment, and my wife's permanent residency requirements was not a priority.

Our daughter's condition has considerably improved now requiring much less frequent treatments. 
Two weeks ago I developed a heart condition, had to go to Emergency Room to reset my heart, and an operation seems imminent. My wife wants to come back to USA after 3 years of absence to permanently live here continue my medical treatments. Her green card is valid thru Aug. 2023.
I understand the rules about Returning Permanent Residents applying thru form DS-117 but that's a minimum 3 month or longer process. We have sufficient documentation from the attending physicians
and hospitals in Thailand regarding my daughter's illness and on-going treatments in the past 3 years.


Can you provide me some advice for the best route to take so my wife can be in USA as quickly as possible?

 If she just enters USA, showing that her protracted stay was not in her control, and to be considered absent due to medical leave, will there be complications to admit her in?

Do I need a lawyer to be at the airport when she arrive, and is that even necessary?  

 Can I get any help from Department of Homeland Security for her to enter USA?
 Thank you very much for your guidance.

Edited by frank2020
Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

I would give it a go, worst practical case is that they refer the issue to an IJ and then you can Lawyer up.

 

Lawyer at the Airport, no point they would not be in the right area, just standing outside with you.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

I don't have any suggestions because of my lack of experience in this subject, but just wanted to say that I'm sorry for all the hardships your family is going through.  Hope there is some relief soon.

Edited by PP31

AOS  (I-130, I-130A, I-131, I-693, I-485, I-765) from H1B, based on Marriage to a USC:

12/11/2019 - Package mailed via USPS

12/12/2019 - Package delivered

12/23/2019 - USCIS cashed the checks. Received text notifications from USCIS with case numbers (12/12 - Case was received, 12/19/2019 - Fingerprint fee was received)

12/27/2019 - Received the 4 NOAs in the mail

12/30/2019 - Received Biometrics Appointment scheduled for 1/10/2020

12/31/2019 - Biometrics Walk-In at Dallas, TX.  I-485, I-765 : Cases were updated to show that the Fingerprints were taken

01/09/2020 - EAD/AP expedite made (refer to my timeline for more details on this)

02/06/2020 - EAD/AP Approved

02/12/2020 - Received the Combo Card

02/14/2020 - I-485 updated to ‘Case is ready to be scheduled for an interview’

I-485 - Interview Scheduled at wrong state:

10/27/2020 - Received a text saying that an action was taken on my case

10/30/2020 - Received an email saying that an interview was scheduled - Case status : Testing and interview

10/30/2020 - Case status changed to 'Interview was scheduled'

11/04/2020 - Received the Interview appointment letter - scheduled in old state North Carolina for December 3rd

11/05/2020 - Called USCIS and requested to talk to Tier 2 officer - opened an SR

11/06/2020 - Received an email that the request was closed as they couldn't contact me - but they didn't

11/09/2020 - Opened another SR to talk to a Tier 2 officer

11/16/2020 - Tier 2 officer called and said that we need to interview at our home state, but I could take a chance and go to North Carolina.  So I requested to reschedule interview at Dallas, TX.

11/16/2020 - Received an email with a Referral ID and that my request was submitted to NBC

11/17/2020 - Received an email - my request to reschedule interview has been forwarded to a scheduling department

11/17/2020 - Received an email with my Case status: Testing and Interview and now it has the status - 'Request to reschedule my appointment was received'

12/31/2020 - We cancelled your interview

12/31/2020 - I-485 updated to ‘Case is ready to be scheduled for an interview’

01/12/2021 - Interview was scheduled (received an email as well)

 

EAD/AP renewal:

11/10/2020 - Shipped EAD/AP renewal documents via USPS

11/12/2020 - USCIS received the documents

11/18/2020 - Received 2 texts with the Receipt numbers for I-765 and I-131, Case Status was - 'Case was Received and a receipt notice was emailed' for both the cases. Received no emails though

12/01/2020 - Received the 2 NOAs in mail
01/06/2021 - We are producing your new card

01/08/2021 - We produced your new card - Card was picked up by the USPS

01/13/2021 - Combo Card was delivered to me

 

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Uganda
Timeline

She is a permanent resident until a formal ruling is made by an IJ on whether she abandoned her status. Quickest route to go is for her to just fly back. If she has a problem at airport - requests a hearing before an immigration judge. She should NOT sign anything she does not understand especially form i-407.

 

The worst that can happen is they will take her green card and refer the case to immigration court.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...