I485 denied. Reapply or repear

[Roel 7,192]

So your mother enter the US twice on tourist visa both time with intent to adjust status? Wow, I'm surprised that you have courage to even look for advices on that. 

 

I mean - immigrant visa for parents exist for a reason. 

 

 

[Rocko20 159]

50 minutes ago, Roel said:

So your mother enter the US twice on tourist visa both time with intent to adjust status? Wow, I'm surprised that you have courage to even look for advices on that. 

 

I mean - immigrant visa for parents exist for a reason. 

 

 

Sadly it's stories like the OP that cause delays with processing immigration visas and petitions. When folks think they're the exception to the rule it ruins it for everyone else and bureaucrats think of more rules.

 

Leaving the country without AP, intent to change status and stay infidelity on a tourist visa, etc

[StoneChild 5]

Ok I see what's going here, what did the intent to deny state? There is no understanding the next move completely until you give us an idea as to what the letter is saying with the intent to deny. I must say all hope is not lost however, it might be out of your hands to take care of a matter of this nature, consult an immigration attorney, not one that does real estate and who have an idea of immigration, a specialized lawyer is what you need. The good thing is that you already have an approved I-130. 

Usually the scenario is that once you're already in the country and filed concurrently the i-485 and i-130, it automatically changes the status of your mother to pending an adjustment of status, which in turn eliminates the B-2 tourist visa status. Now with that said question how long was your mother here before you filed those documents? Here is the problem if she just came a few months and you filed USCIS can argue that she wasn't truthful in her intent as a tourist, problem number one. Now if she came filed left and came back on a tourist visa, that opens another can of worms as to her credibility.

So you see before you start making calls and arguments consult a specialized immigration lawyer for advice. 

Edited July 2, 2018 by StoneChild

[David & Diana R 1,005]

20 hours ago, Mamel said:

I'm a us citizen. My mother came in with tourist visa to the us . Once here I applied for an adjustment of status I-130 , I-485, and I-675 forms all at one on 01/31/2018. 

However on 03/05/2018 , my grand mother ( my mother mom) got in a comatose due to a stroke and the doctors informed the family that she had no chance to survive and my mom had to leave to see her before passing away . We went to the nearest uscis office with a medical proof however the officer there wasn't convinced that it was an emergency case and asked for more evidence and by the time we got more medical proves it was already 2 pm and the the same officer asked to get the finger print in order to issue her an advanced parole authorization in order to travel and by the time to get into the biometric office both facilities will be closed  and my mom flight was on the same day . There was no other choice , my mom flew overseas . She came back a month ago with same existing visa ( her visa is still valide until 08/2019), last week we get in the mail that the I130 is approved , I-765 also approved however the I-485 was a notice of intent to deny and reason stated was because my mom left the us without an advanced parole.

My question what to do? What options we have ? Should we appeal and explaining why my mom left including the evidence such as the hospital stay in a coma and the death certificate,  or should we re - apply again for a new I-485 if we have the right to do so? 

So close, yet so far.  She never should have booked a flight or left the country without the AP IN HAND.  Should have re-booked her flight.  Now you are screwed...

[StoneChild 5]

KInda looks like this case is going to end up needing a waiver, just saying it's not going to be cut and dry, reason I say this is because the officers have a black and red ink pen and once they start taking notes in red ink, it never goes away that easy.