Child left country before AOS approval!

[Shelly11 14]

You are not going to believe this but please respond only if you are offering something meaningful.

We watched in horror as our neighbor took their daughter back to their home country before their AOS was approved and without advance parole!!!!!

After a divorce, it looked like each parent took one child. The father left with the 13 year old daughter and the mom was left with the older child who refused to join her father. The father had never filed any case so he cannot come back. He had overstayed his visa and I believe that earns him a 10 year bar from entering the country. Anyway, the mom has remarried and obviously choose to stay in the US. She had already filed AOS for their daughter but the father took off with the daughter! This was 8 months ago and their AOS has not been approved yet. The 13 year old is still in their home country. She hates it there (ofcourse, she came to the US when she was a year old - another reason none of us can begin to understand why anyone would buy a one way ticket. But who am I to judge). The mom came to ask us if we would know any way we can help or any advise. I do not have any.

I think she is thinking that once their AOS is approved, she will just go to their home country and come back. But I am concerned because the daughter left without advance parole. Or is she exempt from that because she is a minor. The poor lady is stressed out beyond belief. Any advise?

[Boiler 46,163]

If she wants the child to immigrate to the US then she will need to file for a visa to immigrate and obtain the Fathers agreement or obtain a Court order.

[aaron2020 11,651]

I think she is thinking that once their AOS is approved, she will just go to their home country and come back. But I am concerned because the daughter left without advance parole. Or is she exempt from that because she is a minor. The poor lady is stressed out beyond belief. Any advise?

Once her father took her outside the US, the AOS was abandoned.

Your friend will be committing immigration fraud by continuing the case.

There is no exemption for a minor.

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This is no longer a US matter since the child is not in the US. This is no longer an immigration case.

Your friend's only avenue is through the legal system where the child is physically. She can go after custody there.