CR-1 After Returning Home

[csh2020 10]

Greetings, fellow VJers. Last summer, my wife and I married here in the United States. I am a USC, and she was born in Nicaragua. I didn't fully understand her status at that time. Turns out, she crossed the border, was detained and paroled. She was given a parole stamp and an appointment. An attorney also helped her start an Asylum petition based on her Nicaraguan citizenship. I think that Nicaragua was on the list as one of the asylum countries (along with Cuba, Venezuela, Haiti, and a few others). If I understand correctly that asylum country list has been suspended under the present administration.

 

I took her to her Master hearing appointment in her state and she petition for a change of address based on her being married to me (I indicated on the change of address form that I am a UCS) that she resides in our state. The judge approved it and extended her next hearing date for 2026. That gave us time to get the I-130 started. I filed the petition in December 2023. I also included a notarized bona fide affidavit to accompany the petition, because I knew that she was facing deportation while seeking asylum. However, I didn't know it fully- or understand it fully until after we married. We kept the asylum case open while applying for the CR-1 visa. We know quite well that we will likely face extra scrutiny because of her status. So, we are mentally preparing for it. 

 

The latest is that she just learned that her sister is terminally ill and has been hospitalized. She is now talking about self-deporting and for me to continue the petition from here because she knows that, once she leaves the USA, she will not be able to return unless approved. Quite frankly, I am not in favor of her leaving, but I do understand that family is important and also her being home and I'm even thinking that applying while she is in her home country might make thing go a little easier with UCSIS, though I'm not certain. 

 

Here is the question: I've already filed the petition. So, if she goes home, do I withdraw this I-130 petition and start a new one as filing to bring her back? Or is there any way to adjust the current petition already filed by indicating that she returned home? Either way, UCSIS will have to be notified that she is not in the USA.

Or is it even necessary to make changes? Do we address them later as the case proceeds?

Will her going home make things go smoother even given the fact that she did cross the border but was technically in the authorized since she was paroled with a pending asylum petition?  

 

We are also quite aware that those laws are quickly changing. I am a professional and a law-abiding citizen and I always want to do things the right way, which is why I am coming on here to ask for opinions based on your own knowledge. 

Edited Tuesday at 02:26 PM by csh2020

[S2N 7]

Consult with an attorney experienced on these matters is the best advice you’re going to get. Unfortunately with the new administration a lot is in flux right now.

[Crazy Cat 42,293]

2 hours ago, csh2020 said:

Greetings, fellow VJers. Last summer, my wife and I married here in the United States. I am a USC, and she was born in Nicaragua. I didn't fully understand her status at that time. Turns out, she crossed the border, was detained and paroled. She was given a parole stamp and an appointment. An attorney also helped her start an Asylum petition based on her Nicaraguan citizenship. I think that Nicaragua was on the list as one of the asylum countries (along with Cuba, Venezuela, Haiti, and a few others). If I understand correctly that asylum country list has been suspended under the present administration.

 

I took her to her Master hearing appointment in her state and she petition for a change of address based on her being married to me (I indicated on the change of address form that I am a UCS) that she resides in our state. The judge approved it and extended her next hearing date for 2026. That gave us time to get the I-130 started. I filed the petition in December 2023. I also included a notarized bona fide affidavit to accompany the petition, because I knew that she was facing deportation while seeking asylum. However, I didn't know it fully- or understand it fully until after we married. We kept the asylum case open while applying for the CR-1 visa. We know quite well that we will likely face extra scrutiny because of her status. So, we are mentally preparing for it. 

 

The latest is that she just learned that her sister is terminally ill and has been hospitalized. She is now talking about self-deporting and for me to continue the petition from here because she knows that, once she leaves the USA, she will not be able to return unless approved. Quite frankly, I am not in favor of her leaving, but I do understand that family is important and also her being home and I'm even thinking that applying while she is in her home country might make thing go a little easier with UCSIS, though I'm not certain. 

 

Here is the question: I've already filed the petition. So, if she goes home, do I withdraw this I-130 petition and start a new one as filing to bring her back? Or is there any way to adjust the current petition already filed by indicating that she returned home? Either way, UCSIS will have to be notified that she is not in the USA.

Or is it even necessary to make changes? Do we address them later as the case proceeds?

Will her going home make things go smoother even given the fact that she did cross the border but was technically in the authorized since she was paroled with a pending asylum petition?  

 

We are also quite aware that those laws are quickly changing. I am a professional and a law-abiding citizen and I always want to do things the right way, which is why I am coming on here to ask for opinions based on your own knowledge. 

Is there a reason she has not already filed an I-485?  By now, she would have already likely had approved advance parole.

Edited Tuesday at 04:23 PM by Crazy Cat

[YecaCruz 379]

She should also consider the political atmosphere in Nicaragua right now too and all the things Daniel is doing to make life extremely difficult non-orteguistas; no work without the sandinista card, heavy CPC presence in many neighborhoods watching and listening for people "who've got something to say", police intimidation, rising local crime. While some parolees were lucky and went back without issue, others have experienced a lot of scrutiny coming back to Nic, including having to surrender a whole bunch of really detailed and personal information as part of a "census". Lord only knows what they are planning to do with all that information. It's not a good situation to go back to right now for many people. 

 

While it absolutely sucks that her sister is very ill, I would hope she considers the pros vs cons here very carefully. She needs to think with her head and not her heart. She has filed an asylum claim stating that if she returns back to the county she will be targeted and harmed! That is a bell that once rung, cannot be undone. "No one would return back to a place with such a threat" is how USCIS will see it. 

 

Good luck! I hope she decides to stay and see the I130 process through to the end instead of starting over. There are a lot of unknowns right now (in both countries) and there's no telling if processing times will get better or worsen.

[pushbrk 13,114]

Definitely consult appropriate legal counsel.  I can assure you of two things.  One, you do not need to withdraw the petition.  If she leaves the USA without advance parole, notify them she will now be seeking an immigrant visa instead of adjusting status.  Second, while asylum policy may change, regular spouse immigrant visa processes did not change under 45, so no reason to think they will under 47.  Trump is 45, and 47.