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KevinA74

Parole expired while waiting for green card, now what?

By KevinA74 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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KevinA74 Explorer

KevinA74   2

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My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? Are we to remain in limbo while her status is being adjusted? Does she have to leave the country?

OldUser Grand Master

OldUser   8,600

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12 minutes ago, KevinA74 said:

 Does she have to leave the country?

No. Quite the opposite. She cannot leave without advance parole.

13 minutes ago, KevinA74 said:

My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? 

You can sue USCIS. There's lawyers specializing in Writ of Mandamus.

 

Are you a US citizen?

K1visaHopeful Mentor

K1visaHopeful   2,938

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
1 hour ago, KevinA74 said:

My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? Are we to remain in limbo while her status is being adjusted? Does she have to leave the country?

A K1 waiting to adjust status and who has had I131 Advanced Parole approved can renew I131 when it expires.

Since your timeline is completely blank and you've posted this in the K1 AOS forum, we can only assume you are a K1.

Filling out your timeline in reciprocity so we can answer you properly is required. 

Do that ASAP.

Lemonslice Mentor

Lemonslice   5,069

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)
1 hour ago, KevinA74 said:

My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? Are we to remain in limbo while her status is being adjusted? Does she have to leave the country?

Humanitarian parole, or advance parole?

Edited by Lemonslice
TBoneTX Grand Master

TBoneTX   46,724

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Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Involve the Immigration Liaison at your U.S. Congressman's office.  They have channels for reaching USCIS.  The Congressman's website should have a "release form" or similar, which you'd need to complete if the office is to inquire or intercede on your behalf.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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