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?