Step Daughter abandoned AOS application?

[serendipity10 0]

Hi Everyone,

My husband and I are November filers. I (usc) applied for my husband and step daughter who entered on VWP. Everything has been going smoothly so far as far as the application process goes. My husband recently had to travel back to england and decided it best to take her along since she has been so home sick lately (she is 7). the issue is he has an AP document she doesnt. They each received their interview letters two days after they left and they are dated the day they left. Since they entered on the VWP and has left without AP will she be able to re-enter on the VWP? We filed around their 80th day. Or is this application now considered abandoned?

[NigeriaorBust 4,087]

If your daughter can show strong ties to the UK she will be readmitted. She can use VWP is she has never violated the terms of it by overstaying her 90days allowed. Yes she has abandoned her AOS application . But this time "she" will be lying about non immigrant intent so that may come back at you

Edited February 16, 2011 by NigeriaorBust

[Rick_ES_USA 13]

I´m sorry to break the bad news to you, but if your husband and step daughter overstayed their VWP , which usually gives you 3 months permission to visit the US, then they have trigger a 3/10 years bar, depending on how long they overstayed.

Such bar to re-enter the US can be waived … buy it can be difficult to get it.

So I wish you the best and hope I´m wrong with this assumption. Maybe It would be good for you to give us some more details of your case, such as exact dates and timeline.

[serendipity10 0]

I´m sorry to break the bad news to you, but if your husband and step daughter overstayed their VWP , which usually gives you 3 months permission to visit the US, then they have trigger a 3/10 years bar, depending on how long they overstayed.

Such bar to re-enter the US can be waived … buy it can be difficult to get it.

So I wish you the best and hope I´m wrong with this assumption. Maybe It would be good for you to give us some more details of your case, such as exact dates and timeline.

You mean my step daughter not my husband right? My husband traveled with Advanced Parole. And she is 7 years old if that makes a difference?

If your daughter can show strong ties to the UK she will be readmitted. She can use VWP is she has never violated the terms of it by overstaying her 90days allowed. Yes she has abandoned her AOS application . But this time "she" will be lying about non immigrant intent so that may come back at you

So basically you are saying if we want her to come back and be able to receive permanent residence status we will need to apply for her from there correct?

[Myopia 93]

Hi Everyone,

My husband and I are November filers. I (usc) applied for my husband and step daughter who entered on VWP. Everything has been going smoothly so far as far as the application process goes. My husband recently had to travel back to england and decided it best to take her along since she has been so home sick lately (she is 7). the issue is he has an AP document she doesnt. They each received their interview letters two days after they left and they are dated the day they left. Since they entered on the VWP and has left without AP will she be able to re-enter on the VWP? We filed around their 80th day. Or is this application now considered abandoned?

As far as I know your step daughter, although she is only 7, will not be able to enter on the Visa Waiver Program again as she left without her Advance Approval and she was already out of status

You said she was homesick and you were going to send her to live with her grandparents. That's how 7 year olds are. They act up when they want something and I wish you would have posted on one of the more live forums rather than the November filers forum when you were considering it.

I believe you would have been warned not to send her without the AP.

Gosh, I'm sorry I cant help you any more. Maybe Jim or Harpah or someone more knowledgeable than me will be able to because I have never heard of anyone who overstayed on the VWP and then left being able to return to an interview using the very VWP that was "misused" (and Im culpable too so dont think I'm judging) in the first place.

Best wishes.

[serendipity10 0]

As far as I know your step daughter, although she is only 7, will not be able to enter on the Visa Waiver Program again as she left without her Advance Approval and she was already out of status

You said she was homesick and you were going to send her to live with her grandparents. That's how 7 year olds are. They act up when they want something and I wish you would have posted on one of the more live forums rather than the November filers forum when you were considering it.

I believe you would have been warned not to send her without the AP.

Gosh, I'm sorry I cant help you any more. Maybe Jim or Harpah or someone more knowledgeable than me will be able to because I have never heard of anyone who overstayed on the VWP and then left being able to return to an interview using the very VWP that was "misused" (and Im culpable too so dont think I'm judging) in the first place.

Best wishes.

Well I did warn my husband that it was possibility and he decided to take her anyway. We knew this was probably going to be the case but I just wanted to double check. I'd hate for us to go to his interview and them tell us she could have had hers anyway, you know?

It's not really that bad as she will be happy to stay with her grandparents. I really a)just wanted to cover my bases and b)make sure this wont affect my husband's case.

[NigeriaorBust 4,087]

Having left the US without approved AOS , it has been abandoned ( even with the interview letter) . She overstayed VWP and can't enter with it again . She needs a visitors visa to enter legally. At the moment the only path forward is a consular interview. Which means she will have to stay in the UK until then. I would go do an infopass ASAP and see if you hit someone nice that will help you out. Otherwise your husband may have to fly back for his interview and then return to the UK to be with your stepdaughter until her interview there.

Speaking of which , isn't the husband in trouble also, as AP doesn't resolve the VWP overstay and he also needs a visitors visa to return.

Edited February 16, 2011 by NigeriaorBust

[serendipity10 0]

Having left the US without approved AOS , it has been abandoned ( even with the interview letter) . She overstayed VWP and can't enter with it again . She needs a visitors visa to enter legally. At the moment the only path forward is a consular interview. Which means she will have to stay in the UK until then. I would go do an infopass ASAP and see if you hit someone nice that will help you out. Otherwise your husband may have to fly back for his interview and then return to the UK to be with your stepdaughter until her interview there.

Speaking of which , isn't the husband in trouble also, as AP doesn't resolve the VWP overstay and he also needs a visitors visa to return.

They did not overstay the VWP. We applied for the AOS before their 90 days was up? And the whole point of Advanced parole is permission to re-enter the country while your application is pending so i think you are mistaken

[Rick_ES_USA 13]

I´m not expert on the subject and don´t want to alarm you, but I have read that AOS from a VWP are getting kind of complicated, depending on the state that your are filling from. There is plenty of info. about that specific topic here on VJ… I suggest you make a search and educate yourself about what is happening with those cases

[Harpa Timsah 13,258]

Your husband left with an approved AP, so he is fine.

Your daughter automatically abandoned her AOS when she left without AP. I wonder why she didn't have an AP too? The only thing that would change this is if there is some provision for children - like, if the parent's AP also applies for the child. I do not know if her age would help you out on this one.

It absolutely won't affect your husband's case - so ignore advice to the contrary. Good luck.

[Myopia 93]

Well I did warn my husband that it was possibility and he decided to take her anyway. We knew this was probably going to be the case but I just wanted to double check. I'd hate for us to go to his interview and them tell us she could have had hers anyway, you know?

It's not really that bad as she will be happy to stay with her grandparents. I really a)just wanted to cover my bases and b)make sure this wont affect my husband's case.

Well men do what men do. That's what I always say when my husband makes a wrong move contrary to my "always right" advice

She may be happy but I think that a 7 year old doesnt really have the ability to know what is right for her. I can't imagine my parent emigrating and leaving me while he created a new family (Congrats on the pregnancy by the way)l Just bear in mind that what a 7 year old wants can be different from what a teenager processes as they grow older. Just my 5 cents.

[Brother Hesekiel 2,236]

Harpa Timsah is correct.

But just for your information, if somebody asks USCIS for AP, they'll usually issue it. But if somebody who overstayed his I-94 uses it, he or she triggers the 3 or even 10-year bar which prevents them from returning to the US.

It's like this: USCIS issues the document, and if the traveler uses is and wants to reenter, CBP says: "over my dead body. Turn around and do it now." For that reason we advise anybody who overstayed not to bother with AP.

Edited February 16, 2011 by Just Bob

[serendipity10 0]

They did not over stay! Their application was accepted 2 weeks before their 90 days was even up!

[NigeriaorBust 4,087]

acceptance and approval are 2 different things , just because it is received doesn't mean much. Many K1's make that mistake, once they apply for AOS , do biometrics but before they get AP in hand they leave the country only to not be able to return.

[serendipity10 0]

Have you read my posts?? My husband does have advanced parole! In hand! And yes I am aware there is a difference between accepted and approved what are you talking about? Are you aware that once an aos application has been submitted, your status changes from how you entered to pending and the clock stops? He did not overstay and his Advanced parole was approved and in hand thanks!