15 year old wants to go home

[Frustrated2NoEnd 0]

We have just filed for AOS..my daughter is not adjusting well..and on the brink of going home to her dad..I need some help on my options...

she goes home before her AP..does that mean she can NEVER come back to the states?

she waits for her AP..goes to visit her father in the summer..and decides to stay in Canada..then what?

I take her home..and we abandon AOS..what does that mean to future travelling in the states?

I am so stressed..I knew she would have an adjustment period..i just assumed she would adopt..not try and bail...

any advice would be most welcome..thanks

S

I'm so sorry Shawna...

I did a quick search and Dan & Gemvita were right:

Advance Parole Required to Leave While Adjustment is Pending

According to 8 CFR §245.2(a)(4)(ii), an application for adjustment is considered abandoned if the alien leaves the United States while the application is pending. However, the alien may apply for advance parole prior to departing the United States to ensure that his or her application is not deemed abandoned. Advance parole is available for any legitimate personal or business reason.

Notwithstanding the above, on June 1, 1999, USCIS published an interim rule that allows H-1 and L-1 nonimmigrants (and their dependents) to travel outside the United States without abandoning their applications for adjustment of status, making advance parole unnecessary for these aliens. The interim rule was published in 64 FR 29209.

http://www.americanlaw.com/aos.html

Basically, if she left and wanted to return you would have to start the process all over again. See the attached link for the process:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1____

I'm not sure how USCIS would look at it though if she had already abandoned the process previously. Also, you need to be aware of the timing out process if she turns 21 before approval.

Hope this helps....

[shawna7 4]

We have just filed for AOS..my daughter is not adjusting well..and on the brink of going home to her dad..I need some help on my options...

she goes home before her AP..does that mean she can NEVER come back to the states?

she waits for her AP..goes to visit her father in the summer..and decides to stay in Canada..then what?

I take her home..and we abandon AOS..what does that mean to future travelling in the states?

I am so stressed..I knew she would have an adjustment period..i just assumed she would adopt..not try and bail...

any advice would be most welcome..thanks

S

I'm so sorry Shawna...

I did a quick search and Dan & Gemvita were right:

Advance Parole Required to Leave While Adjustment is Pending

According to 8 CFR §245.2(a)(4)(ii), an application for adjustment is considered abandoned if the alien leaves the United States while the application is pending. However, the alien may apply for advance parole prior to departing the United States to ensure that his or her application is not deemed abandoned. Advance parole is available for any legitimate personal or business reason.

Notwithstanding the above, on June 1, 1999, USCIS published an interim rule that allows H-1 and L-1 nonimmigrants (and their dependents) to travel outside the United States without abandoning their applications for adjustment of status, making advance parole unnecessary for these aliens. The interim rule was published in 64 FR 29209.

http://www.americanlaw.com/aos.html

Basically, if she left and wanted to return you would have to start the process all over again. See the attached link for the process:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1____

I'm not sure how USCIS would look at it though if she had already abandoned the process previously. Also, you need to be aware of the timing out process if she turns 21 before approval.

Hope this helps....

thank you..

I have her talked into staying at least until she has her AP..

its what she decides when she is home thats my concern..

any idea how long one can stay out of the country with an AP in hand?

[Cdnwmn 0]

Crikey..I agree life won't be all kittens and roses with her dad..and I think she will want to come back..but if she messes up her AOS..what are my options? would she fall under a K-4 at that point? I'm so bloody confused..If everything worked out perfectly..she would go visit for the summer..and just come back to the states no harm done..thers just so many things that could go wrong..and I can't seem to find out if she abandons her AOS..what does that mean for visiting? I have so many things to weigh here..and now sadly I will have to seriously consider going back with her..**big sigh**

Cdnwmn.. I can only hope one day she adopts that attitude..but she'll be 16 in june and she knows that legally she can do whatever she wants(by candian law.)<<stupid law!!

S

Just to add. If my son still wanted to go back to Canada at 16 and had his father or sister's homes to go to, I would have let him. On the other hand I think in my son's case, he would have been back to the U.S. in no time also. Trust me, he was a real pain at times in those 4 years. What baffled me was that he had more friends here in the U.S. than he did in Canada and his friends were over constantly hanging out or else they were out doing stuff. He seems to have settled down alot since the days of whining to go back.

[Krikit 1,165]

any idea how long one can stay out of the country with an AP in hand?

She can stay up till a year... or until the expiry date on her AP. She will need to obtain a reentry permit for any absences beyond that length of time. Here is a good link.

[shawna7 4]

any idea how long one can stay out of the country with an AP in hand?

She can stay up till a year... or until the expiry date on her AP. She will need to obtain a reentry permit for any absences beyond that length of time. Here is a good link.

Crikey..you are the best! thank you so much for that link!! right now worse case scenario..if she does decide to go(after her AP) I know when she changes her hormonal mind..she can come back!! you have NO idea how much you have eased my nerves.. once again..thank you!

S

[Krikit 1,165]

any idea how long one can stay out of the country with an AP in hand?

She can stay up till a year... or until the expiry date on her AP. She will need to obtain a reentry permit for any absences beyond that length of time. Here is a good link.

Crikey..you are the best! thank you so much for that link!! right now worse case scenario..if she does decide to go(after her AP) I know when she changes her hormonal mind..she can come back!! you have NO idea how much you have eased my nerves.. once again..thank you!

S

Happy to have helped.

[Krikit 1,165]

I'm going to leave you with another link because it's so hard to find on that site:

US Customs & Border Protection - Find Answers