I-130 and I-551 approved

[Fozil 0]

Hi All,

 

I have applied for my dad to come to US, first I filed I-130 and chose to go with NVC route. Later, he got tourist visa and came to US, so I decided to get his green card here in US and filed I-551. Then he had to leave country on emergency for surgery without Advance Parole, now we received I-130 and I-551 approved. Can we mail him his green card? Will he be able to enter US with it?

 

Also, he had dependent on his application which is still pending. Can I use I-824 for his dependent to go thru NVC process?

[Crazy Cat 41,761]

1.  When did he file the I-485?

2.  When did he exit the US? 

3.  When was his adjustment of status approved? 

4.  Where is the dependent?

 

As an immediate relative of a US citizen, there are no derivatives attached to his case.  

 

 

Edited February 17, 2023 by Crazy Cat

[Fozil 0]

I have filed I-485 on 09/22/2021 and he left US 06/14/2022. 
I-485 have been approved on 02/14/2023. His dependent is his wife they left together and her I-485 is still pending.

[Crazy Cat 41,761]

3 minutes ago, Fozil said:

I have filed I-485 on 09/22/2021 and he left US 06/14/2022. 
I-485 have been approved on 02/14/2023. His dependent is his wife they left together and her I-485 is still pending.

Filed I485: 9/22/21

Left US:     6/14/22 (no AP)

I-485 approved: 2/14/23

 

Sounds like his I-485 was improperly approved since he abandoned it when he left the US.  His wife's I-485 was also abandoned.

He has big problems, imo. I wouldn't use that Green Card.  

 

@Mike E, what do you think?

 

 

[Mike E 11,739]

12 minutes ago, Fozil said:

I have filed I-485 on 09/22/2021 and he left US 06/14/2022. 
I-485 have been approved on 02/14/2023. His dependent is his wife they left together and her I-485 is still pending.

Did you file I-131?

[Fozil 0]

I wasn’t sure whether he will be able to enter with the approved I-485 or should I file I-824 to transfer his approved I-130 to NVC and they go thru consular processing?

No we didn’t file I-131 he had to leave on emergency for surgery.

[Crazy Cat 41,761]

4 minutes ago, Fozil said:

should I file I-824 to transfer his approved I-130 to NVC and they go thru consular processing?

That would be best course of action, imo.  

I think using that Green Card will compound his problems.

Edited February 17, 2023 by Crazy Cat

[Fozil 0]

Ok, understood I guess will go with I-824 via NVC. Thanks for your advice.

[Mike E 11,739]

1 minute ago, Fozil said:

 

No we didn’t file I-131 he had to leave on emergency for surgery.

He left a year after you filed I-485.  Why didn’t you file I-131 when you filed I-485?

 

6 minutes ago, Crazy Cat said:

Filed I485: 9/22/21

Left US:     6/14/22 (no AP)

I-485 approved: 2/14/23

 

Sounds like his I-485 was improperly approved since he abandoned it when he left the US.  His wife's I-485 was also abandoned.

He has big problems, imo. I wouldn't use that Green Card.  

 

@Mike E, what do you think?

 

 

 

 This case is so messed up that it will require the talents of an immigration attorney or someone who went through the same scenario (and properly informed DHS to resolve it).  
 

The problem with using  that gc is that even if CBP admits the green card holder, years down the road, say during an N-400 case, USCIS could see that I-485 was abandoned. 
 

Given the I-485 was approved, it isn’t clear to me that the approved I-130 is valid.  

[Crazy Cat 41,761]

2 minutes ago, Fozil said:

Ok, understood I guess will go with I-824 via NVC. Thanks for your advice.

Others might disagree, but that is what I would do.  

[Crazy Cat 41,761]

Just now, Mike E said:

The problem with using  that gc is that even if CBP admits the green card holder, years down the road, say during an N-400 case, USCIS could see that I-485 was abandoned. 

That is how I see it, too.  Sooner or later, that "time bomb" would blow up, imo. 

[Fozil 0]

@Mike E I thought he would stay here in US and get his green card then would leave, but he had an emergency surgery and left US without I-131.

[Boiler 45,428]

One of the dangers of being approved without an interview.

 

Could blow up today, tomorrow anytime.

 

I have not seen a case like this before so not sure what the route forward is, I am going to guess most Lawyers have not.

[Chancy 6,241]

*** Moved from US Embassy & Consulate Discussion to AOS from Work/Student/Tourist Visas forum ***

 

Edited February 17, 2023 by Chancy

[Letspaintcookies 2,310]

The I-130 can be used as underlying petition more than once? I would imagine it's on the way to storage together with the I-485 since the case is done and closed.