AOS denied - but is the advanced parole still legit?

[Dave&Roza 748]

OK...so, I'm in Thailand now and I'm thinking there's got to be a better way other than starting over. Similar ideas have been brought up already, but what about applying for the AOS again, and then once the case has gone into 'pending' status again, my wife should be able to return to the U.S., right?

Reminder: My wife's initial AOS application was denied due to missing our interview. We did not file an MTR, and we are both in Thailand currently, along with her two children who have recently issued their K2 visas. My wife received her Advanced Parole / Employment Authorization Card prior to departing for Thailand- it expires on 6/25/16...

Thanks,

Justin

The AP card she is carrying is void and will not allow her back into the US. She will arrive at the POE and the CBP person will haul her into secondary and look over her case and discover that he AP tied with the first AOS is denied and thus null and void. They will hold her and ship her back on the next flight out, hopefully she will arrive in Thailand.

You can file for AOS again with the EAD/AP and wait for the biometric letter where she must go to an ASC to get her fingerprints taken. How is she going to do that if she is not in the US? So now you just wasted the time and money for the second AOS application as it will be denied for not having the finger prints taken.

Entering on a tourist visa--assuming she could even get one now--to file for AOS would be immigration fraud--using a non-immigrant visa to immigrate to the US--and not a course of action you should even consider as it will bite you at some point in the immigration process.

Does not matter why her AOS was denied. It was denied and you decided not to try to explain why you missed the interview in a MTR. That was your choice. Your only option now is to file a spousal visa or do DCF from Thailand if you can become a resident of Thailand.

Dave

[rin and john 71]

OP - If you are still considering DCF, here are guidelines for proving residency in Thailand. You could get a marriage visa rather than a tourist visa for your stay in Thailand. Might help.

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

They also allow walk-ins at the USCIS office in Bangkok. Wouldn't hurt to visit and tell them you had already filed and missed the interview and now your wife and children are stranded in Thailand. They can allow DCF for exceptional circumstances for USC not residing in Thailand. Up to you as to how you convince them of that!

[rin and john 71]

This link may also be helpful

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

[shobusun 0]

Thanks to everyone who's responded recently...in the past week or so. The team effort on the forum here is definitely helpful! ;-)

I stopped by the USCIS Field Office in Bangkok today...they confirmed that a status visa (work, retirement, etc.) was necessary to do the DCF here in Thailand; however, in addition, I was also told that I could also secure a category O visa (for applicants who wish to stay with family in Thailand), and along with a secondary item, such as an apartment/condo lease, I could do the DCF. I can't say with certainty that this circumstance would apply to everyone- but, it is what was told to me by the representative a the office.

So, if I were to remain in Thailand I could simply go to the Thai embassy in Laos or wherever and return within a few days with my O visa to do the DCF. Unfortunately, I need to return to the U.S. temporarily, so I'll grab my O visa there- but, it still saves me time overall. Processing the I-130 in Thailand takes only about 4 weeks, and in the U.S. it is currently estimated at 4-5 months.

Thanks again everyone...take care!

Justin

Edited October 8, 2015 by shobusun