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Hello all, thank you for your help so far.
in combing the forum, I am unable to find something similar to our situation.
Here is our timeline for our employment based GC application (both applicants are Canadian entered on LIA/B):
-July 22, 2017, received NOID. submitted new evidence as requested.
-November 30th, 485 denied due to denied 601. Husband was caught for 2.2 grams of Cannabis 24 yrs ago in Canada. NOID did not ask for any reason listed in denial.
-December 26, 2017, MTR filed for I601
-February 15, 2018, field office transferred MTR to AAO.
-April 16, 2018-both husband and wife EAD/AP expired. Husband resigned work.
-wife left for Canada on May 5th as instructed by lawyer without valid AP thinking we could return with GC when approved. (we were hoping to avoid her accruing illegal presence should MTR be denied).
-June 26th, 2018, AAO approved MTR i601 and transferred file back to field office.
-July 6th, 2018, lawyer informed us that by wife leaving, she abandoned GC application. Words can't describe our disappointment that our lawyer didn't tell us about the GC application abandonment. We have spent 8.5 yrs on this and would not have left but she was concerned about accrual of unlawful status which is why wife left before that occurred. Husband had to stay due to expired i-192.
What are our options? If 485 was in denied status, is it still considered abandonment? Is consular processing really the only option?
Is there any option to apply for AP/EAD and mail to her or continue GC app from USA and mail her the approved GC? Bios were done in 2016.
Also, have heard about pleading case at border with CBP agent and hoping for a deferred entry.
Thank you in advance for any assistance. Being separated during consular will be both a personal and financial nightmare considering all our assets and expenses are in USA.
in combing the forum, I am unable to find something similar to our situation.
Here is our timeline for our employment based GC application (both applicants are Canadian entered on LIA/B):
-July 22, 2017, received NOID. submitted new evidence as requested.
-November 30th, 485 denied due to denied 601. Husband was caught for 2.2 grams of Cannabis 24 yrs ago in Canada. NOID did not ask for any reason listed in denial.
-December 26, 2017, MTR filed for I601
-February 15, 2018, field office transferred MTR to AAO.
-April 16, 2018-both husband and wife EAD/AP expired. Husband resigned work.
-wife left for Canada on May 5th as instructed by lawyer without valid AP thinking we could return with GC when approved. (we were hoping to avoid her accruing illegal presence should MTR be denied).
-June 26th, 2018, AAO approved MTR i601 and transferred file back to field office.
-July 6th, 2018, lawyer informed us that by wife leaving, she abandoned GC application. Words can't describe our disappointment that our lawyer didn't tell us about the GC application abandonment. We have spent 8.5 yrs on this and would not have left but she was concerned about accrual of unlawful status which is why wife left before that occurred. Husband had to stay due to expired i-192.
What are our options? If 485 was in denied status, is it still considered abandonment? Is consular processing really the only option?
Is there any option to apply for AP/EAD and mail to her or continue GC app from USA and mail her the approved GC? Bios were done in 2016.
Also, have heard about pleading case at border with CBP agent and hoping for a deferred entry.
Thank you in advance for any assistance. Being separated during consular will be both a personal and financial nightmare considering all our assets and expenses are in USA.
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