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FukuokaFan

Re-entry after abandonment of AOS

By FukuokaFan in Working & Traveling During US Immigration

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FukuokaFan Newbie

FukuokaFan   0

Posted
Filed: Country: Japan
 Timeline
Posted

I hope this is the correct forum for this question. I have asked a somewhat related question in another forum in regard to a missed AOS appt. I received a letter stating my AOS has been denied due to not attending the interview. I [with my wife]am currently working [for the summer] in Tokyo and requested a postponement until September for our AOS interview due to my job. They postponed the appt until June 16, not September and I just learned of this when a neighbor picked up my mail. I intend on writing a letter immediately to explain and hopefully fix it!!!

Anyway, what will happen when we try to come home? Does this mean my wife will not be allowed back in the States in August when I finish working? Will her passport be flagged?

Also, is this a situation where an attorney is needed? Anyone know a good attorney in Detroit?

Thanks in advance!

FukuokaFan

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

I hope this is the correct forum for this question. I have asked a somewhat related question in another forum in regard to a missed AOS appt. I received a letter stating my AOS has been denied due to not attending the interview. I [with my wife]am currently working [for the summer] in Tokyo and requested a postponement until September for our AOS interview due to my job. They postponed the appt until June 16, not September and I just learned of this when a neighbor picked up my mail. I intend on writing a letter immediately to explain and hopefully fix it!!!

Anyway, what will happen when we try to come home? Does this mean my wife will not be allowed back in the States in August when I finish working? Will her passport be flagged?

Also, is this a situation where an attorney is needed? Anyone know a good attorney in Detroit?

Thanks in advance!

FukuokaFan

What status was she adjusting from?

What status would you expect her to re-enter as?

YMMV

FukuokaFan Newbie

FukuokaFan   0

Posted
Filed: Country: Japan
 Timeline
  • Author
Posted

What status was she adjusting from?

What status would you expect her to re-enter as?

Sorry I didn't mention that ...

she came over in November on a K-1, we got married in December and filed AOS in late January. She is currently traveling on AP paperwork.

FF

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

If the AP is valid, she will be able to reenter the USA. Worst case scenario is that you will have to refile the AOS. Find an immigration attorney who assures you that he or she will be able to get USCIS to reopen your file instead and it's money well spent. Otherwise, do it yourself.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

If the AP is valid, she will be able to reenter the USA. Worst case scenario is that you will have to refile the AOS. Find an immigration attorney who assures you that he or she will be able to get USCIS to reopen your file instead and it's money well spent. Otherwise, do it yourself.

Only issue with that is if the AOS is denied, and the AP is based on that AOS, this could prevent the use of the AP upon entry.

Not sure if this would be caught at CBP.

They would have to file to reopen/reconsider the existing AOS, not refile a new one. (not sure if that is what you meant JustBob).

During that process, the person would have no legal status, and will be accruing unlawful presence in the US, which could impact future travel prior to getting the GC. (so if you go past 180+ days, and this process is still denied (for a second time), you would be looking at a ban trying to come back in the US)

I would recommend a lawyer in this case.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
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