Return for interview.

[Anny111 1]

Hello.  We arrived on a K1, K2 visa.  The green card interview is scheduled for late August.  Advance parole  was requested, but not received.  My son left for Russia without an advance parole  to pass exams at the university.  Are there any chances of returning for an interview?  Are there other ways in this case?  There is a valid tour visa.  I foresee the answers, but suddenly there is a loophole. Thank you. 

[powerpuff 6,713]

Moved from K1 Case Filing and Progress Reports to Working and Traveling during US immigration as OP is past K1 and inquiring about travel outside of US during AOS

[Boiler 45,558]

He abandoned his status when he left without AP.

[HRQX 4,145]

48 minutes ago, Anny111 said:

Are there any chances of returning for an interview?

No. 8 CFR § 245.2(a)(4)(ii)(A) is explicitly clear: "The departure from the United States of an applicant who is under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of the proceeding by reason of the departure. Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act."

 

How old was your son when you married your US citizen husband? If he was under 18 on that date then your US citizen husband should file Form I-130 ASAP. I recommend filing it online: https://www.uscis.gov/i-130

48 minutes ago, Anny111 said:

There is a valid tour visa.

Preconceived intent to AOS from B-2 is illegal.

 

At POE, must be honest with the CBP officer and the officer will deny him entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

Edited July 31, 2021 by HRQX

[Ayrton 965]

10 hours ago, Anny111 said:

Hello.  We arrived on a K1, K2 visa.  The green card interview is scheduled for late August.  Advance parole  was requested, but not received.  My son left for Russia without an advance parole  to pass exams at the university.  Are there any chances of returning for an interview?  Are there other ways in this case?  There is a valid tour visa.  I foresee the answers, but suddenly there is a loophole. Thank you. 

No loopholes. You and your son knew the answer from previous posts and still decided for him to make the trip to Russia. Depending on his age like mentioned above, there might be a long path to immigrate again and he might be stuck in Russia for a long time.

 

The tourist visa, even though it wasn't probably officially voided, it's useless now because CPB knows there's an intention to immigrate again.

 

 

Edited July 31, 2021 by Ayrton

[Adventine 3,196]

This situation is such a shame especially as the original poster was already given correct advice in a previous thread, that her son needs to have the Advanced Parole before leaving the US.

[Crazy Cat 41,904]

16 hours ago, Anny111 said:

Hello.  We arrived on a K1, K2 visa.  The green card interview is scheduled for late August.  Advance parole  was requested, but not received.  My son left for Russia without an advance parole  to pass exams at the university.  Are there any chances of returning for an interview?  Are there other ways in this case?  There is a valid tour visa.  I foresee the answers, but suddenly there is a loophole. Thank you. 

He has abandoned his Adjustment of Status application.  Even if he, somehow, gets inside the US, USCIS will deny his case during the interview since they have records of his leaving.  

[mushroomspore 3,044]

20 hours ago, Anny111 said:

Hello.  We arrived on a K1, K2 visa.  The green card interview is scheduled for late August.  Advance parole  was requested, but not received.  My son left for Russia without an advance parole  to pass exams at the university.  Are there any chances of returning for an interview?  Are there other ways in this case?  There is a valid tour visa.  I foresee the answers, but suddenly there is a loophole. Thank you. 

Everyone already warned you about this in your previous thread. Because of his abandoned green card application, there's a good chance he will not be allowed back in with his tourist visa. CBP might even cancel it if he tries to enter with it and send him back on a plane back to Russia. CBP is very very unlikely to let him in a temporary visit visa when he's demonstrated recent intent to permanently immigrate to the US. Shame that the K2 was essentially wasted.

[Kai G. Llewellyn 838]

A further note, if he tries to return with a tourist visa and he's deemed inadmissible per INA 212(a)(7)(A)(i)(I) for being an immigrant without an immigrant visa, there is also a risk that he may be removed from the PoE and subject to the five year bar if they decide not to let him withdraw his application. Your son will have to go via Consular Processing, submit I-130 as soon as possible.

Edited July 31, 2021 by Kai (CanadaDude)

[retheem 566]

21 hours ago, Anny111 said:

Hello.  We arrived on a K1, K2 visa.  The green card interview is scheduled for late August.  Advance parole  was requested, but not received.  My son left for Russia without an advance parole  to pass exams at the university.  Are there any chances of returning for an interview?  Are there other ways in this case?  There is a valid tour visa.  I foresee the answers, but suddenly there is a loophole. Thank you. 

Sorry pal, he abandoned the application. File I-130 asap. And next time, be a lil' bit smarter before making some decisions.