Wife received Green Card after I left the country

[Unidentified 2,930]

18 hours ago, AP16 said:

Well, I'm reading here the USCIS website, and it states that my application is considered automatically abandoned if when I left I was applying to extend the period of nonimmigrant stay or to change the status to a different nonimmigrant status. It clearly states that when adjusting for Permanent Resident my application may or may not be considered abandoned.

I understand that you guys know a lot more about it than me, but it just seems confusing at this point. 

You just quoted what USCIS says about the application being automatically abandoned if you leave the country. If you leave without permission, you abandoned your application. For some reason USCIS mailed you your Green Card. They mess up all the time. Does not mean you won't get in trouble if you try to use it. 

[Unidentified 2,930]

14 hours ago, Jose Michelena said:

I will never understand whyyyyy people do that.

It's because a lot of people doesn't know that they can walk into a local office and ask for an Emergency Advance Parole. A lot of people doesn't have time to call USCIS and send in evidence. When my father was diagnosed with pancreatic cancer and only had a few more days to live, I almost did the same thing. Luckily I took a deep breath and googled my options and figured out what to do. It is extremely hard to do in certain situations especially if you know you're losing one day only in travel. Didn't make it there in time, but at least I still had my application going. What is hard to accept in an emergency situation like that is that you can't change the outcome. You going there won't change what is going to happen. Maybe the OP had a similar experience and didn't know his options. 

Edited December 12, 2017 by Unidentified

[MaleAlpha 314]

I know you've received different opinions and yes they are opinions as none of it is from USCIS. I will say get in touch with USCIS and make an inquiry or you could attempt coming to the US with it.

 

If a card was issued even after you left, it's likely your application was approved before or at the same time as your departure. An approval after you left is theoretically not possible as your application is abandoned however if the approval occurred before or at the time of your departure (like same day), you would not have abandoned status though you did not leave with an AP and that would be the reason why the USCIS would issue you a card. This is however just my opinion like the others so it doesn't hold too much weight. 

 

However, to be sure I say check directly with USCIS or attempt entering with the card and see what happens.

Edited December 12, 2017 by MaleAlpha

[MaleAlpha 314]

Looks like depending on the visa you're adjusting status from(some of the H and L categories), you may not even fall under the abandonment clause.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-24520/0-0-0-24707.html

[Boiler 45,979]

3 minutes ago, MaleAlpha said:

Looks like depending on the visa you're adjusting status from(some of the H and L categories), you may not even fall under the abandonment clause.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-24520/0-0-0-24707.html

OP entered on a K.

 

16 minutes ago, MaleAlpha said:

I know you've received different opinions and yes they are opinions as none of it is from USCIS. I will say get in touch with USCIS and make an inquiry or you could attempt coming to the US with it.

 

If a card was issued even after you left, it's likely your application was approved before or at the same time as your departure. An approval after you left is theoretically not possible as your application is abandoned however if the approval occurred before or at the time of your departure (like same day), you would not have abandoned status though you did not leave with an AP and that would be the reason why the USCIS would issue you a card. This is however just my opinion like the others so it doesn't hold too much weight. 

 

However, to be sure I say check directly with USCIS or attempt entering with the card and see what happens.

USCUIS would not know, unless he told them he had left, and there is no suggestion he did so.

[tato2017 41]

i would say just get an opinion from an experienced immigration attorney. Everyone interprets the law differently. i think in this case money would be well spend. Also when you leave the country they don`t check your green card and you just present them your passport that is all. When you enter the country they check your green card or AP and passport.

[NigeriaorBust 4,087]

  The report the airlines file of passengers on international flights is how they catch people . That doesn't happen real time.  So  it is very possible they issued a card when the AOS had in fact been abandoned.  The OP knows the difference in the dates .   I think the only question is how different is the approval date and the resident since date printed on the card

[MaleAlpha 314]

59 minutes ago, NigeriaorBust said:

  The report the airlines file of passengers on international flights is how they catch people . That doesn't happen real time.  So  it is very possible they issued a card when the AOS had in fact been abandoned.  The OP knows the difference in the dates .   I think the only question is how different is the approval date and the resident since date printed on the card

 I agree the dates would clarify the issue. If the resident since date is before or same day as OPs travel date, the green card Is valid and OP can use it. If the resident since date is after, it may fit into abandonment In which case, I recommend OP talks to USCIS etc.

 

Until we know the dates, everything being said on this thread is speculatory and doesnt hold weight.

Edited December 12, 2017 by MaleAlpha

[AP16 30]

21 minutes ago, MaleAlpha said:

 I agree the dates would clarify the issue. If the resident since date is before or same day as OPs travel date, the green card Is valid and OP can use it. If the resident since date is after, it may fit into abandonment In which case, I recommend OP talks to USCIS etc.

 

Until we know the dates, everything being said on this thread is speculatory and doesnt hold weight.

Unfortunately the date is after. I left on October 3rd, the date on the card is December 1st.

Thank you everyone for all the help. I Just  wanted to clarify this issue, and I can guarantee that I will do the the right thing and I understand It's perfectly fair. I will talk to USCIS for further instructions. 

Regarding my departure, I had to leave. Anyone in my place would have left too, I'm sure. But I had an idea of what that meant.

Thank you all!

[MaleAlpha 314]

2 hours ago, AP16 said:

Unfortunately the date is after. I left on October 3rd, the date on the card is December 1st.

Thank you everyone for all the help. I Just  wanted to clarify this issue, and I can guarantee that I will do the the right thing and I understand It's perfectly fair. I will talk to USCIS for further instructions. 

Regarding my departure, I had to leave. Anyone in my place would have left too, I'm sure. But I had an idea of what that meant.

Thank you all!

That makes sense and you had to do what you had to do. A green card isn't worth a lot of life situations, at worst it can be applied for again. Yes, follow up with USCIS and sort it out. I wish you all the best. If possible keep us posted on what you find out or any updates. This is a unique case and any answers or solutions will help a lot of people down the road who run into a similar issue or have questions around it.

 

I hope the admins keep the thread open so you can post future updates.

[AP16 30]

Well, updating everyone, I will hire an attorney. I an a attorney myself, although not graduated on the American legal system, and I think this is no longer a DIY case. I can't come back right now anyway, so it might be some time before I update this thread again. I hope that, at the very least, I don't get in trouble. 

Thank you all.