Ritzrulz

thanks for asking these questions We learnt about her leaving country would abandon AOS last week when we suddenly received an RFE for medicals and then when we were talking to a few folks they highlighted that she should not have left the country. She had actually no clue what was going on as we had no communication form USCIS for after filing almost a year back And yes she actually planned to return back as she had some trips planned back in India and she also brings medications for only her planned visit. Now I have tried justifying on this thread multiple times that she did not willfully misrep, but some users are hellbent on proving that she has been doing a fraud and I don't seem to understand the continuous pestering on other threads too. At this point we are just trying to figure out options and looking for people to share their experiences with USCIS if they have been in somewhat remotely similar situation

thanks. this is helpful . we will consult a couple of lawyers and take the most honest approach. If it still is denied we have only ourselves to blame.

@tkyang99, any update on your case. I am going through similar problem and my lawyer has advised to file a new 485 and state the exact reason why we are abandoning the previous one. See my thread

what I meant was CBP didn't question her why she was traveling when her AOS was pending.She could have been denied entry and we would be perfectly fine after learning the rules. the CBP asked her for how long she was staying and she has that marked on her passport that she returning on May 4th as she already has her tickets and she did plan to return.

I appreciate the advice not the insinuation.She did not plan to adjust. And she is not doing any disservice to any people. She has been coming to US for 5 months a year every year for the past 13 years and has always gone back. During one of the visits due to Covid she had overstayed, but for that also we had filed an extension request, for which the response never came and she left with the receipt in hand within 2 months as soon as the flights opened up. We applied for her GC since its was becoming difficult for her to travel so often and she stays alone in India and I am her only kid. As mentioned we were scared when she was asked why did she overstay and we thought we should send her back at 6 months and not jeopardize her GC process (which we unintentionally ended up doing) For close to 13 months there was no movement on her GC application so we thought it might be stuck and we will reapply once we get a rejection and let her visit on B2 this year. Again we know we have done a mistake for which we are willing to face consequences and are not blaming anyone but just seeing if there is way to correct the mistake. If not fine, so be it.

The problem would be manageable had she just left and was in India. But now she is back in US since Nov 22 and she entered on B2 visa where CBP didn’t question her. So to do CP she will have to go back. Lawyer is suggesting we do another 485 filing and in the reason mention that she went to India on her previous application.

By consular processing you mean she goes back to India and requests at a US embassy in India for her I-130

I was told by the lawyer that the USCIS will know that she has traveled outside. Even if she for some magical reason sails through the consular process she may face problems later or during her citizenship. Does CP provide any benefit or allow her to explain that she left as a mistake unknowingly. (I know it sounds foolish but honestly we missed it and that’s it we don’t want to make stories around it)

She showed her ticket when she was asked when is she returning back. So by May 2023

Yes she had a return ticket for may 2023. Frankly speaking it was a big miss on our side to let her travel back. We were scared because During her 2021 visit we had to extend her stay after filing an extension request for which the approval never came due to COVID backlogs. When she came back in early 2022 she was asked why did she overstay by CBP and they let her in. So w promptly send her back in May 2022 before her 6 months so that she was not violating overstay and have an impact on her GC application We should have let her stay and not travel back.

Not sure if I understood your question. the lawyer mentioned I need to inform USCIS and get the 485 denied for abandonment and then file again. CBP just checked her B2 Visa

Yes. And we were following up her on here pending GC application and received an RFE for medicals. While researching on medical and talking to a few folks we realized that she cannot leave the country (which she did). the lawyer whom we spoke to was surprised that how was she allowed to re-enter on B2

Hi, We applied for 485 for my mother while she was in US but since things were not moving and she was near her 6 month stay limit she went back. During her previous visit she overstayed due to covid and she was questioned at entry even after we had applied for her overstay request. So this time we were sacred and unknowingly sent her back without AP and she came back on Nov 22 on b2 and was not questioned. Now while talking to a lawyer and looking up online we figured that she might have done wrong and her AOS will be denied. the lawyer advised we call USCIS and tell them to reject our 485 and then we apply again. Will this have an in impact on GC decision since we were not aware and can it nullify her B2 visa also. we are planning to consult another lawyer too to have a second opinion