I-601 In-country after receiving EAD and AP

[Teddy & Carol 0]

Hey guys,

My wife and I thought we were in the clear when we were married in the United States and filed for AOS after she entered the US on a K-1 visa.

The AOS interview went well, too. Then a few weeks after our supposed "approval" in October 2010, we received a rejection with an I-601 attached. The reason was that in college, my wife was a very non-significant member in the Communist Party of China. She quit the party over a year ago and we've been up front about her involvement since the beginning, attaching her official resignation letter with her AOS documentation and going over it at length in the interview.

Now, my wife has an Employment Authorization card and Advanced Parole papers. We have a vacation back to China to see her parents in January. Because the I-601 is pending, can she leave the country and re-enter using her Advanced Parole? Does she have to leave the country at all?

Thanks!

Edited November 20, 2010 by Teddy & Carol

[NigeriaorBust 4,087]

The AP and EAD die when the underlying AOS is denied. So if it was denied then no , if they are placing in suspense while you file the waiver then you are probably ok. Did the cover letter say the AOS was denied ?

[worriedman 0]

I would not advice her leaving the USA 4 any holiday anywhere. She can wait while you file the 601 and hopefully it will be approved. Cos if she leaves shes will not be allowed in at the POE, and in that case she will be removed and sent back to china. If that happens even if the waiver is approved it will have to be sent back to the embassy and probabily be called back for an interview. Thats some long process there. The holiday can wait, just file the waiver and if you want seek a congressional enquiry as to why they refused and if that had any new findings or evidence. Wish you all the best.

[Teddy & Carol 0]

Thanks, guys, for the fast response! The letters states the following:

After a review of your Application to Register Permanent Residence or Adjust Status (Form I-485) you appear to be ineligible due to one of the following grounds of inadmissibility:

inadmissibility under section 212(a)(3)(D)(i) of the Act as an alien who has been a member of affiliated with the Communist party...

On your Nonimmigrant Fiance(s) Visa Application (Form DS-156K) and your Application to Register Permanent Residence or Adjust Status (Form I-485), you acknowledged that you were a regular member of the Communist Party of China...

If you are the parent, spouse (husband or wife), son, daughter, or sibling or a U.S. citizen, the waiver may be granted for humanitarian purposes to assure family unity if you are not a threat to the national security of the United States.

If you believe you meet the requirements described above you may <submit I-601>.

So I guess it's not rejected, but pending the results of the I-601 waiver. I'll call USCIS to make confirm worriedman's suggestions.

[canadian_wife 1,827]

I wouldn't leave. The pending I-601 may make it very difficult for her to return. Play it safe and keep her in the country until a green card is in hand

Good luck

[Used to be broken 147]

Thanks, guys, for the fast response! The letters states the following:

So I guess it's not rejected, but pending the results of the I-601 waiver. I'll call USCIS to make confirm worriedman's suggestions.

Hi,

Sorry you are going through this, but I would not believe anything anyone at a call center at USCIS says on this matter regarding her travel. They are hourly customer service employees who have no idea of the intricacy of what the government is charging your wife with nor the implications and ramifications of her travel out of the US at this time.

DO NOT LET YOUR WIFE LEAVE THE COUNTRY under these circumstances. Get an attorney ASAP, Carl Shusterman in California has good track record for fighting oddball stuff like this. This is not "routine stuff" and don't leave it to a family immigration attorney who has never fought a weird case like this. You do not need a "good immigration attorney" you need a friggin BRILLIANT one.

The initiation of the I601 means that she was not eligible for an Immigrant Benefit to begin with, and somehow they did not catch this when you first filed her paperwork at the overseas consulate. You should expect to see a Notice to Appear and they may begin deportation proceeding against her. If they had she would not be here now. You are in much better position strategically, technically and financially to fight this from here.

I repeat do not let her leave the country until this is settled. I get that airline tickets and plans have been made, but you do not want the consequences of her being turned around and stuck in her country for potentially years while you fight this out with USCIS.

Good luck, and please keep us posted with how this situation develops.

Edited November 23, 2010 by brokenfamily

[dobinhvn 0]

Hi there

I have a question. Have you got greencard yet? How long was the processing of your I601? It means from the time you submitted your I601 till the time you received their final decision?

[Ontarkie 14,435]

Hi there

I have a question. Have you got greencard yet? How long was the processing of your I601? It means from the time you submitted your I601 till the time you received their final decision?

This is a 6 year old thread and the OP hasn't been on in over 4 years. You are not likely to get any reply back from them. Please start a thread of your own if you would like some current replies.

~~Thread closed to further discussion.~~

Edited September 29, 2016 by Ontarkie