HELP! LEFT U.S. BEFORE FILING ADJUSTMENT OF STATUS ON FAMILY EMERGENCY, CAN I COME BACK?

[Chapters 1]

Hi everyone - an update on my situation and good news.

 

I called an immigration lawyer who processed my first O-1 years ago (I've been successfully filing the petition myself the last couple times because it's basically copy and paste), and explained what was going on. She asked me to email her a copy of my last I-797 with I-94 attached at the bottom, which confirmed that I am NOT out of status, THANK GOD, because that would have meant an automatic 3 to 10 year bar. Yikes.  

 

The attorney told me I have two options, bearing in mind my status expires  April 1, and both of them involve renewing my O-1, either here in UK or in US. I have copied and pasted her advice below, in case this helps anyone else who finds themselves in my situation. FYI this attorney is amazing, esp for artists/musicians (she handles a lot of big names) and does this because she cares, not like some of the money-grabbing a-hole lawyers I worked with before I met her, who would not give me the time of day for less than 2k. If anyone is looking for a truly great and caring immigration attorney, I'd be happy to pass on her info.

 

Anyway, here is what she said, and I'm curious for your thoughts if you have any. Seems like Option 2 might be the swiftest and cheapest right now. 

 

OPTION 1:  Adjustment of Status in the United States

• Apply for your O-1 Visa from the American Consul under your currently approved I-129 O-1 Petition.  This visa will only be valid to April 1, 2018.  You will need to re-enter the United States before April 1, 2018
• Immediately upon your return to the United States, file the I-130/I-485 Application, together with I-131 Application for I-512 Advance Parole and I-765 Application for Employment Authorization with USCIS.  You may not depart the United States until your I-131 Application for I-512 Advance Parole is approved.  If anything happens with your dad, you may make an Infopass appointment and apply for an Expedited I-512 Advance Parole at the local USCIS office.
• Generally, your permission to travel and permission to work would be granted within 90 days of filing

 

OPTION 2:  Immigrant Visa processed outside the United States

• File a new I-129 O-1 Petition for at least one (1) year validity
• Apply for your O-1 Visa from the American Consul under this new O-1 Petition
• File your I-130 Petition with USCIS requesting consular processing through the American Consul in London
• Once the I-130 Petition is approved, you will file a DS-260 with the National Visa Center
• There is no restriction on your international travel if you take this route and your appointment will be with the American Consul in London instead of the local USCIS in Los Angeles

[Boiler 45,163]

• Generally, your permission to travel and permission to work would be granted within 90 days of filing

Would be very unusual for this to happen within 90 days nowadays.

 

Also assumes you can get your O1 under Option 1 by 1st April, do not know current processing times.

 

[mindthegap 2,583]

I would try option 1 first.

 

Option 2 will be more expensive (especially with premium processing), you could be stuck in administrative processing for ages, they my not like the evidence, or something else.

 

 

[Boiler 45,163]

Certainly intriguing, please let us know what you do, how it goes.