I 485 denied for advance parole, when can I refile

[WeGuyGal 1,052]

16 minutes ago, SusieQQQ said:

Of course

but we always get people complaining about how mean the US officials are , not about how their fellow compatriots don’t care about them

 

But back to the actual topic, tbh i’m surprised the mom got entry ...presumably she wasn’t asked about purpose of entry 

They usually complain when denied a visa. 

[Russ&Caro 1,549]

I'm pretty liberal when it comes to immigration but AOS for parents is sort of where I draw the line. I don't know why the USA allows this.

 

p.s. My mother in law is currently visiting on a tourist visa. Guess who's going to be on a plane back to Colombia in November.

[Boiler 46,086]

5 minutes ago, Russ&Caro said:

I'm pretty liberal when it comes to immigration but AOS for parents is sort of where I draw the line. I don't know why the USA allows this.

 

p.s. My mother in law is currently visiting on a tourist visa. Guess who's going to be on a plane back to Colombia in November.

You hope

 

One guy whose MIL visited refused to leave.

[Ben&Zian 4,398]

Have nothing good to say so I will remain quiet today. 

[mushroomspore 3,044]

22 minutes ago, Russ&Caro said:

I'm pretty liberal when it comes to immigration but AOS for parents is sort of where I draw the line. I don't know why the USA allows this.

 

p.s. My mother in law is currently visiting on a tourist visa. Guess who's going to be on a plane back to Colombia in November.

I'm also very surprised the mom was allowed entry. I would not be surprised if OP doesn't come back to reply to this thread either.

[Crazy Cat 42,254]

18 hours ago, mushroomspore said:

I know everyone says intent is established at the border. But I'm sure there are cases in which it is clear (or clearer than usual) that intentions were misrepresented. In this case, the mom was in the middle of AoS, accidentally abandoned AP and then returned with B2. If she were to file I-485 right now, I feel like that would be extremely suspicious and would throw her intentions into question. I don't know how AoS interviews for parents are conducted but is it possible the IO would question the mom about her intent in this case?? If I were an IO, I probably would but that's just me.

This attorney says some interesting things about AOS : https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

"An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility."

[SusieQQQ 11,587]

7 minutes ago, missileman said:

This attorney says some interesting things about AOS : https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

"An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility."

But it only really matters for people who are not adjusting as IRs 😠 

[TNJ17 1,329]

I am seriously surprised they let her in after seeing what she had already done the first time.  Insider yourself very lucky and file the right stuff and do it right now or you will have issues in the future. 

Edited September 6, 2018 by TNJ17

[WeGuyGal 1,052]

23 hours ago, TRISHA80 said:

My mom I 485 was denied because sh was unaware she had to get advance parole, she left and came back with her B2 visa. Her I 130 got approved. Can she refile her I-485 with the approved I130 .

Could she not return to her country and apply for an IR5 visa? 

[geowrian 22,338]

22 minutes ago, WeGuyGal said:

Could she not return to her country and apply for an IR5 visa? 

She sure can. And it would be much faster than AOS at this point anyway since there is an approved I-130 already.

[Crazy Cat 42,254]

1 minute ago, geowrian said:

She sure can. And it would be much faster than AOS at this point anyway since there is an approved I-130 already.

That's a great point......Half the IR-5 journey has already been traveled, and a Green Card would be just a few months away.......whereas an AOS Green Card is typically a year or more......

[TRISHA80 0]

She actually showed the immigration officer her pending application, he told her it’s taking a long time , he process her under B status, never mention advance parole, we did not know about advance parole, she needs her US kids to take care of her.

[SusieQQQ 11,587]

3 minutes ago, TRISHA80 said:

 she needs her US kids to take care of her.

Yes these are the types of considerations we need to take into account when we choose to emigrate and leave our parents behind, that they will be taken care of. If applying for them to immigrate eventually is seen as the best outcome then one really should research and do it properly so that the parents are not disadvantaged by an incorrect understanding of the process, right?