TN to pending AOS, family back home is sick. Considering abandoning AOS

[Stoxx 0]

I have been in the United States legally on a TN visa. My TN visa was set to expire a few weeks ago.

 

I got married back in December to my long time partner and filed paperwork to get my green card shortly after. I’ve already gone in for my biometrics appointment and I was expecting some word on an interview sometime soon.

 

In the last week I’ve got some bad news about the health status of one of my parents who has a terminal illness. 
 

I’m feeling a tremendous amount of guilt and feel that I should be spending as much time as possible with my parent before they pass. I’m not sure how long this process would take but it could be anywhere from months to years. 
 

Now I am trying to figure out if I can go back to be with them without impacting my ability to return to the United States on a tourist visa. Because I don’t know how long it’s going to be before my parents passes I’m considering whether it makes sense for me to get my green card at this current time but I do plan to stay married and trying to make things work long distance in the meantime.

 

If I abandon my AOS and return to Canada will it be difficult for me to return on a tourist visa to visit my wife? On my I 94 I was allowed to stay until about April 11th. 
 

Can I file new paperwork in the future from my home Country? I understand that this well take longer and basically the beginning from scratch. I would like to know if this would be possible and if there’s anyway that I could visit my wife on a tourist visa considering that my I 94 expired a couple weeks ago I might have triggered some sort of penalty.

 

 

 

 

[Timona 4,208]

You've shown immigration intent, so kiss B-2 goodbye. If you leave without advanced parole, you abandon everything. You'll have to start afresh in Canada. 

 

So it time to make the hard decision. What will it be? Your choice 

[chancecody 125]

I'm very sorry to hear about your parent. Have you tried expediting your I-131 Advance Parole application? Your situation qualifies under "Emergencies and Urgent Humanitarian Reasons".

 

My reco is to contact your local Member of Congress (who is up for re-election if possible) to expedite. Go to the member of congress' website and look for "help with a federal agency". Fill out the web form/privacy release form and someone will contact you within 24 hrs. You can attach proof of the emergency etc.

 

I am speaking from experience expediting my case. If you expedite via USCIS, you will be waiting forever. My case only started to move when I seek the help of my senator to expedite. Just a note that it is important to know that your Senator or Congressman/woman cannot influence USCIS but can only advocate on your behalf. The benefit of contacting them is they have access to connections you would not have if you had just expedited yourself (ie Member of Congress' office has access to Liaison Office).

 

Good luck!

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request#:~:text=You can generally request expedited,have obtained a receipt notice.

Edited April 20, 2022 by chancecody

[Stoxx 0]

My responsibilities could be required in Canada for a significant amount of time (years). This unexpected situation has us wondering if our marriage will survive a prolonged absence from each other and it feels like our future together is now in jeopardy.

 

Based on your response is it safe to assume I will never be allowed into US again? If return to Canada and start fresh (divorce, establish ties through employment and home ownership. etc) that I could not return years down the road?

 

Is this the same for those who get a preliminary green card approved but change their mind?

 

My apologies for the hypothetical questions, it's been a very difficult few weeks and it's very much time sensitive.