Left without advance parole due to mental illness

[Markjg 0]

The woman who is now my fiance left the USA less than a year ago. She was under DACA status and left without filing for advance parole. I understand this means she is now unable to come back into the US as a result. My question is: because she left while dealing with a mental illness, could this be grounds to overlook her not having advance parole? She left the country 3 days after being released from a mental health institution. 

 

Or is the only route to get her back in the country by applying for a fiance/spouse visa?

 

I would welcome any input. Thank you.

[HRQX 4,145]

26 minutes ago, Markjg said:

Or is the only route to get her back in the country by applying for a fiance/spouse visa?

That is basically the path since humanitarian parole would be an uphill battle.

[Cndn 98]

I don’t see how or why her mental health issues would excuse her leaving without advance parole. If she is your fiancée, why not just file the K1 or better yet the spouse visa application? 

[Boiler 43,434]

Well DACA is not a status and AP has not been available for a long time and when it was required exceptional circumstances.

 

Most people here would recommend the Spousal route, not the K1.

[mushroomspore 3,043]

16 hours ago, Markjg said:

The woman who is now my fiance left the USA less than a year ago. She was under DACA status and left without filing for advance parole. I understand this means she is now unable to come back into the US as a result. My question is: because she left while dealing with a mental illness, could this be grounds to overlook her not having advance parole? She left the country 3 days after being released from a mental health institution. 

 

Or is the only route to get her back in the country by applying for a fiance/spouse visa?

 

I would welcome any input. Thank you.

As harsh as this will sound, they don't care about mental illness. They're here to enforce laws, which specifically state what the conditions you have to adhere to in order to gain status and the consequences if you leave without proper documents/approval, etc.

[SalishSea 16,771]

 

21 hours ago, Markjg said:

My question is: because she left while dealing with a mental illness, could this be grounds to overlook her not having advance parole?

In fact, I would think the opposite:  if you are trying to use mental illness to justify irrational behavior, it could backfire and impact any future visa you try to petition her for

[HRQX 4,145]

3 minutes ago, Jorgedig said:

and impact any future visa

During the immigration medical, must answer honestly any questions from the Panel Physician.

[SalishSea 16,771]

Just now, HRQX said:

During the immigration medical, must answer honestly any questions from the Panel Physician.

Exactly.   My point was using something that can be a negative factor to try to circumvent rules is not smart.  Kind of like folks who try to expedite K-1 on the basis of financial hardship.  

[Markjg 0]

4 hours ago, Jorgedig said:

 

In fact, I would think the opposite:  if you are trying to use mental illness to justify irrational behavior, it could backfire and impact any future visa you try to petition her for

I had not considered the possibility that it might backfire. I will have to give this some careful thought. 

 

Thank you to all of you for your input thus far.