Advance Parole

[Ontarkie 14,231]

~~Moved to Bringing Family of PR, from IR1/CR1 P&P- as the OP is a PR~~

[SalishSea 17,839]

2 hours ago, Arv0210 said:

Which application, can you please explain....Thanks

You need to start over entirely with a petition for an immigrant visa for him.  It is unfortunate that he left and abandoned his AOS.

[Arv0210 1]

On 3/30/2018 at 10:08 AM, GYnot said:

Let me tell you my experience and before I do that let me also say I am not a lawyer, I do not know or have any visibility into the actual law or practice of processing an Adjustment of Status. I am one person with two data points. The most recent of which is not complete. I am not advising you what to do and I certainly agree that leaving the USA before you have Advanced Parole is a bad idea.

 

Case 1: My wife who came to the US, before she was my wife,  on a K1 visa. We applied for AOS  and requested Advanced Parole, the processing of AP took a long time.  After we were notified that she had Advanced Parole but before we had the actual card in hand, she returned to Colombia. She was there for several months. While she was gone her card arrived. I sent it to her overnight. She then used that card to re-enter the USA with no problem.

 

Case 2: My step son, 8 years old, entered the country 15 months after my wife on a K2 visa. He was in the country from April to December. We applied for his AOS and AP. My wife decided in December that he had to return to Colombia for the Holidays. I objected, she insisted. We did not have notice of his AP approval. He has been in Colombia since December. Yesterday, I got his notice of approval of AP. Obviously his application was not abandoned. I’m not sure how long it will be before his AP ID card arrives. When it does I will again overnight it to Colombia and I hope he will be able to re-enter the US using that document. We will see what happens...

 

I hired a lawyer who told me that the application would continue to be processed and our only significant risk was that they might schedule his interview before he got AP AND that if he didn’t show for the interview that would abandon his application.

My Son still has valid B1/B2 visa, can he reenter USA based on this, and continue with I-485.

We got his AP/EAD card that obviously mean his I-485  is not abandoned yet.

 

 

 

[payxibka 10,045]

7 minutes ago, Arv0210 said:

My Son still has valid B1/B2 visa, can he reenter USA based on this, and continue with I-485.

We got his AP/EAD card that obviously mean his I-485  is not abandoned yet.

 

 

 

no.  He no longer has the entry status granted on the original entry ( relinquished due to departure).  Since he no longer has that original entry status (which the i485 was filed from),  he has nothing to adjust from

[aaron2020 11,651]

30 minutes ago, Arv0210 said:

My Son still has valid B1/B2 visa, can he reenter USA based on this, and continue with I-485.

We got his AP/EAD card that obviously mean his I-485  is not abandoned yet.

 

 

 

Hi,

 

You've already got the correct answer in the thread that you started asking this exact question. 

Asking in another thread will not change the answer to what you want.

 

Your son's AOS was abandoned when he left without AP.  He can not continue with the I-485 even if he successfully renters the US.  

 

Just because he got his AP/EAD card doesn't mean he can continue with the I-485.  Your statement that "we got his AP/EAD card that obviously mean his I-485 is not abandoned yet" is incorrect because you do not understand the law.  Google "adjusting status and leaving US before receiving AP." 

Believe us when we say we are trying to help you.  If your son reenters the US on the B1/B2 with the intent to immigrate, he will be in a lot of trouble.  First, it's visa fraud to use a B1/B2 visa to enter the US with the intent to immigrate and it's not forgiven for an F2a beneficiary.  Second, the I-485 will be denied and he will be out of status.  Please do not try to do this.  If you don't believe us, then check with a qualified immigration lawyer.  

File a new I--130 and seek consular processing.  The sooner you do this, the sooner he can immigrate to the US.

 

Best of luck.

 

 

 

Edited October 4, 2020 by aaron2020

[retheem 566]

Unfortunately the AOS was deemed abandoned. Apply afresh

[retheem 566]

6 hours ago, Jorgedig said:

You need to start over entirely with a petition for an immigrant visa for him.  It is unfortunate that he left and abandoned his AOS.

And then when you tell people to think smarter before making any immigration- related decision, you are told you are rude. Anywho...

[HRQX 4,145]

9 hours ago, Scandi said:

while the reentry is for greencard holders who are going to stay outside the US for a year or longer. The latter doesn't require you to stay in the US until approved if I'm not mistaken (only until the biometrics are taken),

When filing I-131 for reentry permit (I-327) can leave the US right after filing but must return for biometrics; 8 CFR § 223.2(b)(1): "Reentry permit. An applicant for a reentry permit must file such application while in the United States and in status as a lawful permanent resident or conditional permanent resident."

[HRQX 4,145]

10 hours ago, Arv0210 said:

Which application, can you please explain....Thanks

If I-130 petition has been approved, you can file I-824 so that USCIS sends the I-130 to NVC: https://www.uscis.gov/i-824

[Penguin_ie 5,994]

**** two threads on the same issue merged.  Please do not ask questions about your case in another member's thread *****

[mushroomspore 3,044]

17 hours ago, Arv0210 said:

My Son still has valid B1/B2 visa, can he reenter USA based on this, and continue with I-485.

We got his AP/EAD card that obviously mean his I-485  is not abandoned yet.

 

 

 

Nope. Sadly, as soon as he left, his AoS was abandoned. CBP will see he left before his EAD/AP was approved. They won't let him in. As others have said, you'll have to start from square one.