AOS wasent abandoned after leaving u.s before AP was issued?

[Aosap402 3]

2 minutes ago, missileman said:

Not exactly.....there are waivers, and having to exit the country.

Hmmmm, so is there no point in even trying to attend the interview? Seems like it could all be for nothing.... Could we renew her u.s b2 visa that has since expired to still keep her in status if it is denied there?

[Roel 7,192]

6 minutes ago, Aosap402 said:

Lol you have to understand the technicality, its valid up until the aos is denied. If she is given entrance while it is open then she has not broken the law

I have a feeling you didn't exactly came to the forum for the advice, since you seem to be convinced that you're right about everything and dispute with people who are offering different opinions. That's fine though, we have people like that now and then, good luck to your spouse.

[K1visaHopeful 2,848]

8 minutes ago, Aosap402 said:

Lol you have to understand the technicality, its valid up until the aos is denied. If she is given entrance while it is open then she has not broken the law

She has though because the moment she left without AP she is no longer has lawful status or a right to reentry.

[carmel34 3,639]

The question of what will happen at the POE, and you calling CBP Miami to get an answer on whether or not she will be admitted is uncertain--it all depends on the CBP officer you get.  Chances are the person you spoke with on the phone won't be the officer she speaks with.  They will most likely ask her when she left the US, she will need to answer honestly.  If the CBP officer looks closely at the AP card and sees that it was issued after she left the country they could deny entry.  A pending AOS does not allow re-entry by itself, the AP card needs to be valid before she left so that is the issue and it is impossible to know what the officer will decide.  Entry to the US for non-US citizens is never guaranteed and is at the complete discretion of the CBP officer.

[payxibka 10,045]

3 minutes ago, carmel34 said:

The question of what will happen at the POE, and you calling CBP Miami to get an answer on whether or not she will be admitted is uncertain--it all depends on the CBP officer you get.  Chances are the person you spoke with on the phone won't be the officer she speaks with.  They will most likely ask her when she left the US, she will need to answer honestly.  If the CBP officer looks closely at the AP card and sees that it was issued after she left the country they could deny entry.  A pending AOS does not allow re-entry by itself, the AP card needs to be valid before she left so that is the issue and it is impossible to know what the officer will decide.  Entry to the US for non-US citizens is never guaranteed and is at the complete discretion of the CBP officer.

Agreed.  I honestly think this will all get figured out at the port and she will not be allowed in 

[Crazy Cat 41,982]

Here is an attorney opinion:   https://www.usavisaimmigration.com/advance-parole-approval-required-leaving-us/

 

Says approval MUST be before departure.....

[VNN 147]

14 minutes ago, Aosap402 said:

Lol you have to understand the technicality, its valid up until the aos is denied. If she is given entrance while it is open then she has not broken the law

• As you have the "technicality" figured out
  • just do the things that you think you should do.
• If she has not re-entered US yet, then wait until what happens at POE.

[K1visaHopeful 2,848]

15 minutes ago, Aosap402 said:

Hmmmm, so is there no point in even trying to attend the interview? Seems like it could all be for nothing.... Could we renew her u.s b2 visa that has since expired to still keep her in status if it is denied there?

She would likely be denied a B2 visa as she has already proven immigrant intent by filing AOS prior.

[Aosap402 3]

1 minute ago, K1visaHopeful said:

She would likely be denied a B2 visa as she has already proven immigrant intent by filing AOS prior.

The it seems like rescheduling was useless and its better to just stay in her home country and file for the cr1 visa, its cheaper than one plane ticket and i wont have to deal with all the headache. Ok guys you convinced me, thanks for saving me so much headache.

[Crazy Cat 41,982]

I wish I could delete all my posts in this thread......I would would the post:

1.  AP must be approved prior to leaving the US.  She has abandoned her AOS.

2.  She will probably be denied entry.

3.  If she is paroled into the US, her AOS is in great danger of denial at the interview.

 

2 minutes ago, Aosap402 said:

The it seems like rescheduling was useless and its better to just stay in her home country and file for the cr1 visa, its cheaper than one plane ticket and i wont have to deal with all the headache. Ok guys you convinced me, thanks for saving me so much headache.

I would consult a qualified immigration attorney......just to see what he/she says....

[K1visaHopeful 2,848]

2 minutes ago, Aosap402 said:

The it seems like rescheduling was useless and its better to just stay in her home country and file for the cr1 visa, its cheaper than one plane ticket and i wont have to deal with all the headache. Ok guys you convinced me, thanks for saving me so much headache.

You could try to get her back in but be prepared to have her denied entry. Then also you would have to disclose that denial of entry on her new I485 and DS260 as well. It might be better to avoid the whole reentry issue now and not have that denial of reentry on her record.

[geowrian 22,337]

This is not common, but has happened a number of times in the past. USCIS works very slowly. Regardless if they decided to reschedule an interview or not, or what you told somebody on the phone, they likely haven't noticed that she left the US prior to AP being issued yet. Nobody who has actually looked at the case or that you've spoken to could verify or act upon that information. The IO at the interview can.

 

As noted, she would likely be denied AOS at the interview. Technically, it is possible to show that there was such a severe emergency that even emergency AP was not possible to be obtained prior to departure, and they have some discretion there. But I absolutely would not rely on that. Expect a denial.

 

You can refile. No new I-130 would be needed - just a new I-485/I-864/I-765/I-131.

 

58 minutes ago, payxibka said:

Except on her next entry she will be entering as a nonimmigrant with a preconceived plan to circumvent the law in order to gain an immigrant benefit,  which is a slippery slope 

Technically she would be a parolee if she uses AP. Intent isn't an issue here.

Had she try to use a B-2 or other similar visa instead of AP, then that's a much bigger issue.

 

42 minutes ago, Aosap402 said:

Lol you have to understand the technicality, its valid up until the aos is denied. If she is given entrance while it is open then she has not broken the law

Counterpoint: If AP was issued in error, it is not valid at all.

But I doubt it will be an issue in this case. No way to know until she tries.

Edited April 7, 2019 by geowrian

[JFH 12,190]

1 hour ago, Aosap402 said:

so there is no reason to say she didnt have the right to enter. 

Of course there is. Entering the country is a right reserved only for USCs. Even with a GC she has no “right” to enter the country. Her AP allows get to be considered for admission at POE. 

 

Since becoming a GC holder I have left the country once. That was for a 10-day trip to the UK (my homeland) to see my family. Upon arrival at CBP I was asked one question and one question only “how long have you been gone?”. This is standard practice at CBP. Even USCs are randomly asked how long they have been gone and where they went. If she is asked this question (and the likelihood that they will is very high) how will she answer? She must be truthful and when they see she left before AP was granted it will be game over. 

[Boiler 45,693]

I was trying to work out od she has re entered, I assume not.

 

Assuming that is the case what would happen at the PoE, she could be paroled in, would be by mistake but not impossible, parole is not the same as admitted, she could be refused entry, she could be deported.

 

If she is paroled in then I am not sure there would need to be deportations process, shw would a parolee.

Edited April 7, 2019 by Boiler

[JFH 12,190]

56 minutes ago, Aosap402 said:

Your right about that, but then how do other people that have overstayed visas get aos? They're statys is gone yet they can still adjust as long as they are in the country, even illegal immigrants are able to if they marry a citizen so how do they do it?

What does it matter how illegal immigrants do what? That’s like asking how people who rob banks get away with it. They do because they are not caught. That doesn’t mean it’s ok for others to do that. 

 

Emergency AP is there for a reason. Too bad you didn’t make use of that privilege.