Left the Country while Advance Parole and AOS were still pending

[christeen 966]

You might get lucky since perhaps the Airport personnel did not follow procedures? Thanks for keeping us updated, goodluck

[Mark88 183]

He gave her a 60 day parole extension in her passport and told the attorney that she should bring an I-485 receipt next time and the case will be dismissed.

It looks like you both got really lucky. Except for your attorney fees and refiling of the I-485 you got it over with.

[Hypnos 6,576]

Fortunately, parole counts as a legal entry from which you can jump into an I-485 from. Re-file another I-485, and while you're at it I'd strongly encourage you to withdraw the pending I-485 at the same time, and you should have no further issues if what you've said is correct.

[aussie_jason 195]

I wish they would actually enforce the law, this sets a bad precedent.

[ValerieA 350]

UPDATE:

We had our Deferred Inspection on 2/26/14.

Based on your advice we retained an attorney. He told us that likely we will have a court date set and then the have to appear before a judge for deportation proceedings.

He was confident that this was not a big deal as we would just have to refile the I-485 and the case would be dismissed.

He also thought that there might be a way to revive the current I-485 and so at his advice we didn't refile right away.

We called the CBP office on monday 2/14 and were informed that her file had not been received yet from SFO. and that it can take up to 30 days to receive a file. (it had been 14 days).

We proceeded to the DI and were asked if we had refiled the I-485. We told them that we had not. The officer brought my wife and lawyer into the office and asked a few questions.

He asked if she had been told by the SFO CBP that she should have filed the I-485 and brought the Receipt with her. She said no.

He asked if they had taken her passport. She said no and produced said passport.

The officer rolled his eyes and looked frustrated. (quote from my wife on the officer's demeanor, as i was not in the room)

He then said that since they didn't have the file yet, there was not much else he could do to proceed.

He gave her a 60 day parole extension in her passport and told the attorney that she should bring an I-485 receipt next time and the case will be dismissed.

We are now refiling the I-485 and verified that my I-130 petition is still active.

Thanks for all your help

I'll keep everyone updated on our progress

Good to hear! I'm glad the second best-case scenario happened (would have been best if they just finished processing your initial one, but that was an extreme long-shot). Just...no leaving the country until green card is received, OK?

Edited because I posted within the quote like a noob.

Edited March 2, 2014 by ValerieA

[hmh33 117]

Good to hear! I'm glad the second best-case scenario happened (would have been best if they just finished processing your initial one, but that was an extreme long-shot). Just...no leaving the country until green card is received, OK?

Edited because I posted within the quote like a noob.

No, this is absolutely the best-case scenario. The initial adjustment adjustment application was *automatically* voided by rule of law when the OP left the country without approved advance parole. There was no possibility of a "long-shot" better result. If due to a further screwup USCIS had continued processing the initial application and granted a green card, it would have been a mistakenly issued green card and would have left the OP in a much worse mess later on when it came time for removal of conditions, naturalization or even just travel.

[ValerieA 350]

No, this is absolutely the best-case scenario. The initial adjustment adjustment application was *automatically* voided by rule of law when the OP left the country without approved advance parole. There was no possibility of a "long-shot" better result. If due to a further screwup USCIS had continued processing the initial application and granted a green card, it would have been a mistakenly issued green card and would have left the OP in a much worse mess later on when it came time for removal of conditions, naturalization or even just travel.

If the AP had been issued before the petitioner left the country...not received, but at least issued...there would have been a case for continuing processing.

[Boiler 45,516]

The fat lady has not sung.

[badlo 1]

Update

We had received her Work Auth and AP card in the mail at the beginning of March.

We did nothing with it as we were advised by our attorney that it was from the first filing and not valid since the abandonment.

Then we got something we weren't expecting, a Marriage interview with USCIS. (just a week or two after filing the second I-485)

The date was set for April 25th. (same day as the next CBP check in and the day that her parole expired)

Then we got the bio-metrics notice for the second filing. (this we were expecting)

So here we have what appears to be a valid work auth. and a marriage interview. we are completely confused and oh so glad we had an attorney at this point.

Our attorney advised us to go ahead and apply for a SSN to continue the commingling process (Joint bank accounts, health insurance etc.)

The day of the interview the first words our the the officer's mouth after we were sworn in was "why do i have two files?"

Insert long ### story from previous posts here

He was satisfied that our marriage was legit and was only concerned with how to proceed. (this had me worried of course)

He essentially merged both filings in front of us (literally stapling pages together from both physical files)

He handed us the signed document saying that we would be notified within 30 days of their decision.

I'm cautious about all of this until she has her green card in her hand, but at this point he told us to ignore the notice for bio-metrics and that all communications would come as a Request for Evidence.

We then proceeded to the CBP check in where they stamped her passport for another 60days.

So i'm of the mind set that it looks like everything worked out for the best and that our original I-485 was never abandoned. and that the second filing was not necessary (my wallet sure feel like it wasn't necessary)

BUT I also realize that things may go differently in the next 30 days.

So please let this be a lesson...DO NOT LEAVE THE COUNTRY WHILE YOUR AP IS PENDING.

It has been painful and annoying and expensive. I don't regret leaving the country for my wedding. But if I had known it was such a nightmare I would have planned better.

[christeen 966]

Cautiously optimistic is a good place to be... You might have gotten lucky... Thanks for sharing your story and updates and for warning others not to play around with leaving befoemAP... I have seen several posters lately contemplating doing stupid things and playing smart with the AP issue... Good luck.

Btw... For some tangible numbers to discourage others I am guessing this has been in total a few thousand dollars and priceless amount f stress...

[Hypnos 6,576]

Please post back with the final disposition.

[Harpa Timsah 13,258]

Good job. The second application was definitely needed, though. The officer would have denied you right there without it.

[badlo 1]

Cautiously optimistic is a good place to be... You might have gotten lucky... Thanks for sharing your story and updates and for warning others not to play around with leaving befoemAP... I have seen several posters lately contemplating doing stupid things and playing smart with the AP issue... Good luck.

Btw... For some tangible numbers to discourage others I am guessing this has been in total a few thousand dollars and priceless amount f stress...

So Numbers...this I can do! =D

Cost of re-filing an I-485 ~ $1100

Cost of hiring an immigration attorney ~ $2800

Being stressed out over everything and unable to relax: Priceless

Other good news today we had a call from the CBP officer in charge. He informed us that our case was closed as far as they were concerned. Which means our petition has been granted and my wife's green card is in the mail.

I still don't believe it completely until we have it in hand but seems like we're in the clear.

[badlo 1]

Good job. The second application was definitely needed, though. The officer would have denied you right there without it.

Yeah I look at the second filing as a fine. Basically we broke the rules and were fined but luckily enough we weren't forced to start over.

I also think that if we had flown back to LAX directly instead of through SFO we wouldn't have been so lucky.

[christeen 966]

Good luck with the rest of your journey! Lessons cost... Good lessons... Cost a lot!