Leaving USA for family illness while pending i-130

[rutgersnz 0]

Can a mother of a USC leave the USA for a short period due to severe illness of her Mother.

She entered on a b-2 visa June 2011 and applied for change of Status in May 2012. This is pending. Meanwhile her mother has become seriously ill in New Zealand. I have heard that leaving the USA while pending an adjustment of status will prevent the re entry to the USA until the adjustment is approved. Is there a compassionate work-around for this? Intended time away would be 4-6 weeks.

Thanks for any advice

[Boiler 46,176]

She would apply for an IR1 Immigrant Visa to enter as an immigrant.

Well it involves both of you.

[Deputy Purple 1,294]

Get an infopass appointment and apply for emergency AP (Advanced Parole) that will allow her to leave the US without abandoning her application.

Also, just to be sure, they filed BOTH I-130 AND I-485, right?

I just noticed that she has been in the US for 11 months on a B Visa when she applied, was she out of status? If so then she can't adjust status any way.

Edited September 12, 2012 by Bob 4 Anna

[JohnR! 5,495]

Can a mother of a USC leave the USA for a short period due to severe illness of her Mother.

She entered on a b-2 visa June 2011 and applied for change of Status in May 2012. This is pending. Meanwhile her mother has become seriously ill in New Zealand. I have heard that leaving the USA while pending an adjustment of status will prevent the re entry to the USA until the adjustment is approved. Is there a compassionate work-around for this? Intended time away would be 4-6 weeks.

Thanks for any advice

Has she overstayed her visa? If so, and if you're applying for her under parent of USC, she will have to leave the US sooner of later anyway.

If she has not overstayed you can always try the InfoPass and see if there is anything they can do to help.

[benuk 18]

Can a mother of a USC leave the USA for a short period due to severe illness of her Mother.

She entered on a b-2 visa June 2011 and applied for change of Status in May 2012. This is pending. Meanwhile her mother has become seriously ill in New Zealand. I have heard that leaving the USA while pending an adjustment of status will prevent the re entry to the USA until the adjustment is approved. Is there a compassionate work-around for this? Intended time away would be 4-6 weeks.

Thanks for any advice

Did you apply for her when she was already out of status?

Edited September 12, 2012 by benuk

[rutgersnz 0]

Thanks Bob. She was still in status when applying for adjustment. I will follow up your advice..... Wayne