Abandon Adjustment of Status

[Sharmarine 50]

My adjustment of status application was received by USCIS on April 21 2022, so 11 months ago. Neither my EAD nor AP have been approved as yet.

 

Just very recently, my mother back in Australia, has been diagnosed with High Grade Neuroendocrine Cancer. She has started undergoing Chemotherapy treatment 11 days ago, which will be ongoing. 

 

I applied for Emergency Advance Parole, and attended an interview earlier this week. My mother is 81 years old, a widow and lives alone. She will be needing someone to be with her in her home, until a more permanent solution is put into place. As there is absolutely no one in my family that is able to do this, it has been put onto me to be there for her.

 

My interview with the USCIS was not successful and my application was denied. Their reason? Because my background security check has not yet been completed. This, despite having the correct paperwork, as well as a letter from my mother's Oncologist stating her exact medical diagnosis, treatment and future outlook. 

 

Was their reason a valid one? Is it a viable enough reason to deny an urgent emergency advance parole request?

 

I am being left with no option than to return to Australia, and therefore abandoning my AOS application. What I need to know is! Will I be able to apply for the Spouse Visa after my return to Australia? If so, how long will I have to wait before being allowed to do so?

 

 

[Mike E 11,739]

7 minutes ago, Sharmarine said:

What I need to know is! Will I be able to apply for the Spouse Visa after my return to Australia? If so, how long will I have to wait before being allowed to do so?

I am so sorry about your mother. I hope for  good prognosis.

 

You can apply for a spouse visa path now or when you return to Australia. The sooner the better. Your spouse can handle the I-130 while you focus on your mother.

 

 

[Crazy Cat 41,814]

I'm sorry to hear this.  Seems to me you have a very valid reason for emergency travel.  There is no waiting period for starting the spousal visa process.  Your USC spouse should file an I-130 immediately.  

[Verrou 1,962]

sorry about your situation. 

 

to answer ur question : 

 

Was their reason a valid one? Is it a viable enough reason to deny an urgent emergency advance parole request?

 

it's  hit or missed. there's no exact /fix answer to this question. i really think sometimes depend on the person that u met. 

 

does ur reason valid? absolutely.  i know many people who filed for emergency got rejected and USCIS didnt even ask for extra evidence. they just said DENIED and goodbye. 

 

i was in removal proceeding. after its terminated, i filed for stand alone AP ( can only do after proceeding terminated) while my i-485 still admin closed. many people said i cant file AP if i-485 still admin closed. i didnt listen to them because what i have to lose? they received on 2/27, on 3/2 i got email that stated my biometric reused, i called them and requested expedite request due to humanitarian reason, my mother is ill and i want to see her in 3rd country where she's going to get medical help. they sent email on 3/6 something about " ur expedite request  is under reviewed", the next day 3/7 AP approved ( total 8 days from filing) while my i-485 admin closed. i havent even received the AP yet because USCIS has issue with production of GC, EAD, etc.

 

i might cant leave even when i got my AP because my immigration history just in case they wont parole me back to USA. 

 

now i dont know how urgent u need to go, have u try to expedite request ? not emergency request in FO. perhaps maybe u got better shot. 

 

 

Edited March 24, 2023 by Misscloud

[Boiler 45,449]

The first question is how long do you expect to be gone? This sounds like a long term commitment 

 

I am trying to remember how long emergency parol is issued for not that long

 

You have waited long enough to sue for AP but then what happens when your Interview comes up?

[Sharmarine 50]

My apologies for the late response, I was having difficulties with this site loading. However, it seems to be alright now.

 

I have contacted the USCIS, and have requested another appointment to try and have my application approved. This time, I have more documentation and will hopefully have my husband with me as well, as he wasn't allowed to be with me at my first appointment. 

 

If my emergency advance parole is denied once again, then I will ask to talk to a supervisor to explain the situation and hope for a successful outcome. However, if it is still denied, then I will have absolutely no choice but to leave the US to return to Australia. My mother is doing her best to hold on for a bit longer, to wait for me to be there with her. I cannot wait for too much longer, and neither can she.

[Allaboutwaiting 2,503]

4 minutes ago, Sharmarine said:

My apologies for the late response, I was having difficulties with this site loading. However, it seems to be alright now.

 

I have contacted the USCIS, and have requested another appointment to try and have my application approved. This time, I have more documentation and will hopefully have my husband with me as well, as he wasn't allowed to be with me at my first appointment. 

 

If my emergency advance parole is denied once again, then I will ask to talk to a supervisor to explain the situation and hope for a successful outcome. However, if it is still denied, then I will have absolutely no choice but to leave the US to return to Australia. My mother is doing her best to hold on for a bit longer, to wait for me to be there with her. I cannot wait for too much longer, and neither can she.

Great idea to talk to a supervisor if the request is denied again. 

We tend to forget we have that right.

 

The best of luck for you! 

[Sharmarine 50]

 

"now i dont know how urgent u need to go, have u try to expedite request ? not emergency request in FO. perhaps maybe u got better shot."

 

I have to leave urgently. I first found out that my mother has cancer, in January, and the actual severity of it, just very recently. Far too much time has gone by already, while waiting for documentation, and my mother has stated that she is doing her best to hold on, for me to be there with her. Time is of the essence, and I cannot wait much longer. 

 

 

 

 

 

[Verrou 1,962]

10 hours ago, Sharmarine said:

 

"now i dont know how urgent u need to go, have u try to expedite request ? not emergency request in FO. perhaps maybe u got better shot."

 

I have to leave urgently. I first found out that my mother has cancer, in January, and the actual severity of it, just very recently. Far too much time has gone by already, while waiting for documentation, and my mother has stated that she is doing her best to hold on, for me to be there with her. Time is of the essence, and I cannot wait much longer. 

 

 

 

 

 

Best of luck. Please let us know with the update. In my understanding normally emergency travel document has 30-45 days validity 

Edited March 26, 2023 by Misscloud

[Crazy Cat 41,814]

10 hours ago, Sharmarine said:

 

"now i dont know how urgent u need to go, have u try to expedite request ? not emergency request in FO. perhaps maybe u got better shot."

 

I have to leave urgently. I first found out that my mother has cancer, in January, and the actual severity of it, just very recently. Far too much time has gone by already, while waiting for documentation, and my mother has stated that she is doing her best to hold on, for me to be there with her. Time is of the essence, and I cannot wait much longer. 

 

 

 

 

 

You last request was denied, correct?  Personally, I would be on the next flight out.  Good luck.  I wish the very best for you and your family.

[Lil bear 4,181]

10 hours ago, Sharmarine said:

 

"now i dont know how urgent u need to go, have u try to expedite request ? not emergency request in FO. perhaps maybe u got better shot."

 

I have to leave urgently. I first found out that my mother has cancer, in January, and the actual severity of it, just very recently. Far too much time has gone by already, while waiting for documentation, and my mother has stated that she is doing her best to hold on, for me to be there with her. Time is of the essence, and I cannot wait much longer. 

 

 

 

 

 

I hear your heart. My parents are 94 and in Melbourne. My bag is always packed. Go. You will not regret it. Dont wait any longer  past the next appt. If it a no.. just go. Your husband can file the I 130 .. yes it  is taking you away.. but .. what of the two options would you regret most in 5 years time… when we immigrate we know this is a big possibility .. that doesn't make it easier when it happens. Im headed to Melbourne in a couple of weeks. PM me if there is anything i can do 

[Sharmarine 50]

1 hour ago, Crazy Cat said:

You last request was denied, correct?  Personally, I would be on the next flight out.  Good luck.  I wish the very best for you and your family.

Correct. Either way that it goes tomorrow, I will be leaving on Tuesday afternoon. 

 

Thankyou for your kind thoughts and advice, it is appreciated. 

[Sharmarine 50]

1 hour ago, Lil bear said:

I hear your heart. My parents are 94 and in Melbourne. My bag is always packed. Go. You will not regret it. Dont wait any longer  past the next appt. If it a no.. just go. Your husband can file the I 130 .. yes it  is taking you away.. but .. what of the two options would you regret most in 5 years time… when we immigrate we know this is a big possibility .. that doesn't make it easier when it happens. Im headed to Melbourne in a couple of weeks. PM me if there is anything i can do 

Thankyou so much. My husband and I have agreed last night, that regardless of the outcome tomorrow, that I will be leaving on Tuesday. I will arrive in time to attend my mother's oncologist appointment with her on Friday.