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Left the states while in process for GC

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  • Left the states while in process for GC

    Hi everyone,

    I’m in process for GC form I 485 since 2017. I’m married to an American citizen since 2015 and our son is born in 2016 . In April 2019 I applied for a travel document because my father wasn’t feeling good . Process for form i131 travel document is in between 5-7 months. After waiting for 7 months I decided to expedite the case and I sent to immigration my father’s documents that’s shows that he’s not healthy. I haven’t heard from them so I decided to leave the country ( I have my son with me and my husband was visiting us recently ).
    I was hoping to get my travel document before my interview but two days ago they scheduled an interview.
    Can my husband go for an interview in his own and explain what’s going on ? Or can someone tell me what to do in this case . Please tell me something positive because I’m going crazy !! I have to go back home , I have to be with my husband our family has to be back together!!

    thanks !

  • #2
    Originally posted by Azrachi View Post
    Hi everyone,

    I’m in process for GC form I 485 since 2017. I’m married to an American citizen since 2015 and our son is born in 2016 . In April 2019 I applied for a travel document because my father wasn’t feeling good . Process for form i131 travel document is in between 5-7 months. After waiting for 7 months I decided to expedite the case and I sent to immigration my father’s documents that’s shows that he’s not healthy. I haven’t heard from them so I decided to leave the country ( I have my son with me and my husband was visiting us recently ).
    I was hoping to get my travel document before my interview but two days ago they scheduled an interview.
    Can my husband go for an interview in his own and explain what’s going on ? Or can someone tell me what to do in this case . Please tell me something positive because I’m going crazy !! I have to go back home , I have to be with my husband our family has to be back together!!

    thanks !
    When you left the states without advance parole you abandoned your i-485 and it will be denied. If you were in status or out of status for less than 180 days then you will have to pursue consular processing. If you were out of status for more than 180 days then you will need a waiver to come back before 3/10 years.

    FWIW - You should have walked into your local office and requested emergency AP.

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    • #3
      Sorry this is too late for you, but may help someone else:
      https://www.uscis.govhttps://www.imm...ergency-travel
      Nov 2018 - Package sent - EB - Texas Service Center
      Day 1 - Package received at the lockbox
      Day 999 - Card delivered to me - Aug 2021
      ---
      All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

      Comment


      • #4
        Did you have H or L work status before you left the US?

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          He can not attend interview alone. The interview is for you & if you fail to appear case might get denied. Have your husband get in contact with a lawyer so he can explain what’s going on.
          9.25.19: I-765 & I-485 were received
          10.01.19: Fingerprint fee accepted
          11.01.19: Fingerprints were taken
          11.27.19: Interview was schedule for I-485
          01.08.20: Attended interview
          01.09.20: Request for additional evidence sent for I-485
          01.10.20: New card is being processed for I-765
          01.13.20: I-765 was approved
          01.13.20: Received RFE for I-485
          01.13.20: Mailed out RFE
          01.14.20: Card was mailed to me
          01.17.20: AED card & ssn in hand
          01.27.20: I-485 was approved

          Comment

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