Please help. I don't want my wife to go back to her country!!!

[somesome007]

Hello, everyone,

I am extremely depressed right now and I need some seriously advice. Our I-485 case was denied and they want my wife to go back to her country ASAP. Here are our situation:

We filed our green card application at the mid of Dec 2016 and I submitted the application around the mid of Jan. We did not file for advanced parole (We never heard about this when we file) and she left the country around the mid of Dec. She came back around the end of Jan and they still let her enter the country (I guess our application date is really close to her entrance date, that why they let her in?). Since she left without the advanced parole, our I-485 is denied and she automatelly abandoned her student visa too. Does her entrance in US is unlawful because her F-1 visa is automatelly abandoned when we apply the green card? (I mean the they still let her in at the first place and we had no idea about the advance parole thing back then). I am truly shocked by the fact that I applied the green card for her with the intention to let her stay here with me and form a family. Now they are saying her present in US is contradictory to the law and she needs to leave the country without even finishing her school. I mean she only has one more semester left to finish her master program. I don't know what to say to her parents because I am the one promised everything will go smoothly. Is there any way that she can still stay here to finish her school? I don't care if they let her re-apply for a green card any more. I can give up my US citizenship and go to her country with her in the future. As long as she can finish her school.

[newacct]

Just file a new I-485. Her previous I-485 was denied correctly, but she is 100% eligible to file a I-485 now. All that matters is that she entered the US with inspection, which she did. (As long as she went through a regular border crossing and they saw her and let her in, she entered with inspection. Even if she didn't have a visa and had no basis to be admitted, if they let her in, she entered with inspection; let alone that she entered with a valid visa and had a valid basis to be admitted.) Since your I-130 for her is still pending, she should attach a copy of the I-130 receipt to her I-485. She should NOT leave the US until she gets an Advance Parole or green card.

[azblk]

like newacct said just file a new i-485, i-131 and i-765 if she wants to work or leave country with AP. its more money but your wife will get her green cardas i-130 is already approved.

[Chr]

Consult a lawyer.

Hello, everyone,

I am extremely depressed right now and I need some seriously advice. Our I-485 case was denied and they want my wife to go back to her country ASAP. Here are our situation:

We filed our green card application at the mid of Dec 2016 and I submitted the application around the mid of Jan. We did not file for advanced parole (We never heard about this when we file) and she left the country around the mid of Dec. She came back around the end of Jan and they still let her enter the country (I guess our application date is really close to her entrance date, that why they let her in?). Since she left without the advanced parole, our I-485 is denied and she automatelly abandoned her student visa too. Does her entrance in US is unlawful because her F-1 visa is automatelly abandoned when we apply the green card? (I mean the they still let her in at the first place and we had no idea about the advance parole thing back then). I am truly shocked by the fact that I applied the green card for her with the intention to let her stay here with me and form a family. Now they are saying her present in US is contradictory to the law and she needs to leave the country without even finishing her school. I mean she only has one more semester left to finish her master program. I don't know what to say to her parents because I am the one promised everything will go smoothly. Is there any way that she can still stay here to finish her school? I don't care if they let her re-apply for a green card any more. I can give up my US citizenship and go to her country with her in the future. As long as she can finish her school.

Do not refile on your own again what happens now they have made her inadmissible for 10yrs since she's still here get a lawyer to fix it. Even though she had the student visa she had a pending 485 and left without permission a lawyer can take care of it. It will a little expensi've but it will worth it.

I hope it all works out

[Chr]

Consult a lawyer

Do not refile on your own again what happens now they have made her inadmissible for 10yrs since she's still here get a lawyer to fix it. Even though she had the student visa she had a pending 485 and left without permission even if younrefile on your own it will get deny again in the system will show she's inadmissible for 10yrs because of just happen. A lawyer can take care of it. It will a little expensi've but it will worth it.

I get what the others saying to just refile but it's not that easy now you have it snag try to get consultation first before refiling on your own.

I hope it all works out

[NettieL]

Since she has this denial on her file it may be advisable to get the help of a trusted immigration attorney. Do not just find someone online, see if you can get a personal referral to someone with a good reputation. Even though she may be eligible to file again, the way the case currently stands with immigration is that she was denied. It needs to be corrected via the appropriate legal channels. The USCIS frowns upon not following the "rules"/laws, even if it was with no malicious intent. I think it is worth the $$ spent, because she may be inadmissable for 10 years if not approved this time round.

[inadmissible]

I don't see any reason why she would be inadmissible or need the assistance of an attorney

She should refile her adjustment of status package

[Chr]

Clearly states in the USCIS website.

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

He just need a consultation before he do anymore paperwork. He may not need a lawyer but he needs here what they are saying. It doesn't hurt to pay a small fee to see his next step. This is a big snag in the processing.

[azblk]

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

He just need a consultation before he do anymore paperwork. He may not need a lawyer but he needs here what they are saying. It doesn't hurt to pay a small fee to see his next step. This is a big snag in the processing.

The petition was already abandoned and as such denied. They just need to file a new petition. Since i-130 is already approved - they just need i-485 plus its supporting forms. All others - i-765 and i-131 are optional.

[newacct]

Do not refile on your own again what happens now they have made her inadmissible for 10yrs since she's still here get a lawyer to fix it. Even though she had the student visa she had a pending 485 and left without permission a lawyer can take care of it. It will a little expensi've but it will worth it.

I hope it all works out

She is NOT inadmissible. You don't know what you are talking about.

[somesome007]

Thank you, newacct

Just file a new I-485. Her previous I-485 was denied correctly, but she is 100% eligible to file a I-485 now. All that matters is that she entered the US with inspection, which she did. (As long as she went through a regular border crossing and they saw her and let her in, she entered with inspection. Even if she didn't have a visa and had no basis to be admitted, if they let her in, she entered with inspection; let alone that she entered with a valid visa and had a valid basis to be admitted.) Since your I-130 for her is still pending, she should attach a copy of the I-130 receipt to her I-485. She should NOT leave the US until she gets an Advance Parole or green card.

Hi, Newacct, thank you for your advice. we hired an lawyer and she suggests the same, just reapply for the I-485. But she also mentioned the visa fraud. She said it is unlikely we will be charged with Visa fraud but she will have to talk to firm's partner and do more research on. It seems that our situation is becoming more seriously. I have no idea leaving the country while applying for the green card will have so many bad consequences. Based on your experience, do you know the likelihood that we will be charge for visa fraud?

[newacct]

Hi, Newacct, thank you for your advice. we hired an lawyer and she suggests the same, just reapply for the I-485. But she also mentioned the visa fraud. She said it is unlikely we will be charged with Visa fraud but she will have to talk to firm's partner and do more research on. It seems that our situation is becoming more seriously. I have no idea leaving the country while applying for the green card will have so many bad consequences. Based on your experience, do you know the likelihood that we will be charge for visa fraud?

It's not fraud if she didn't lie to the officer when entering (she didn't apply for a new visa; just entered on an existing visa, right?).

[azblk]

You have posted your situation in 2 different forums and from what I can see is almost everyone is telling you the same thing, just refile i-485 and that is the solution to your problem. Even your lawyer told you the same thing.

As to visa fraud - it cant come into play unless she lied at POE. Also you do not abandon you F1 visa simply by applying for AOS. So if she was in school full time with valid i-20, she was still in status and could re-enter on her F-1 and continue studying while waiting for AOS to complete. Dont worry too much. You will be ok

[inadmissible]

I consider the likelihood of her being accused of fraud as very, very low

[smilezz]

You have posted your situation in 2 different forums and from what I can see is almost everyone is telling you the same thing, just refile i-485 and that is the solution to your problem. Even your lawyer told you the same thing.

As to visa fraud - it cant come into play unless she lied at POE. Also you do not abandon you F1 visa simply by applying for AOS. So if she was in school full time with valid i-20, she was still in status and could re-enter on her F-1 and continue studying while waiting for AOS to complete. Dont worry too much. You will be ok

For the second part, I may be wrong, but based on what I have heard, F-1 status will automatically forfeit once the AOS applicant left the country. By the time she re-entered U.S., technically, she didn't have her F-1 status anymore.