Hi all,
I filed AOS in mid-October 2019, asking for expedited EAD, and have had to travel abroad on several occasions since (twice due to work and once due to death of a family member). Each time I've had to visit my local USCIS office and have been granted emergency advance parole.
Last month, my husband (US/Australian dual citizen) had to accompany his 90+ year-old grandmother to isolate with his family in Australia. I tried desperately to acquire emergency AP from USCIS for three days, postponing my flight in order to obtain parole before leaving. I got an emergency appointment twice, only to be met by closed offices and security guards telling me I would not be seen (they closed the USCIS to the public the morning of my first appointment). I called the USCIS without stop for 50+ hours with no response to my request. Australia seemed to be moving towards a total travel ban, and I had to ask my husband to leave without me so that his grandmother could make it to Australia in time before they closed the border.
The same day my husband left, Australia decided to close their borders to all non-citizens (with a vague exemption for spouses). Fearing further restrictions and potentially having to be apart for many months due to COVID-19, with me stuck alone in the US where I have no family, unemployment benefits or health care, I got on my flight the next day to Australia.
I have lived and worked and taxed in the US for ten years, currently on an O-1 visa. We have been together for ten years, married for four. Only just filed in 2019, because my work made the "no travel" restrictions impossible before (we tried in 2016, and had to abandon because I had a job that required constant travel). I am entirely aware of the implications of travel while AOS is pending (thus I've used emergency AP thrice). However, my current O-1 visa is still valid until mid-June.
The way I see it I have 3 options:
1. Return to US as soon as possible on my still valid O-1 visa and hope that my AOS will not be considered abandoned.
2. Wait abroad until my EAD is approved, have the card mailed to me, and enter US on my EAD (I've read about a handful of people who have done so successfully).
3. Try to change my AOS to consular processing from abroad (can this be done mid-process, and what is the timeline?)
The last update on my USCIS case site is that my fingerprints were processed in early March.
My husband needs to be back in the US by August, and I feel incredibly stressed about how I can salvage my status.
Filing a new petition and waiting another year or so is an option, but with the new immigration ban I might not be able to get another work visa.
Not working for a year is not financially an option.
Any and all advice (minus telling me I should have gotten AP before leaving -- trust me I know) is very welcome!
I wish everyone good health and good luck in these stressful and difficult times. COVID-19 has made immigration even more taxing, and it wasn't easy to begin with..!
I filed AOS in mid-October 2019, asking for expedited EAD, and have had to travel abroad on several occasions since (twice due to work and once due to death of a family member). Each time I've had to visit my local USCIS office and have been granted emergency advance parole.
Last month, my husband (US/Australian dual citizen) had to accompany his 90+ year-old grandmother to isolate with his family in Australia. I tried desperately to acquire emergency AP from USCIS for three days, postponing my flight in order to obtain parole before leaving. I got an emergency appointment twice, only to be met by closed offices and security guards telling me I would not be seen (they closed the USCIS to the public the morning of my first appointment). I called the USCIS without stop for 50+ hours with no response to my request. Australia seemed to be moving towards a total travel ban, and I had to ask my husband to leave without me so that his grandmother could make it to Australia in time before they closed the border.
The same day my husband left, Australia decided to close their borders to all non-citizens (with a vague exemption for spouses). Fearing further restrictions and potentially having to be apart for many months due to COVID-19, with me stuck alone in the US where I have no family, unemployment benefits or health care, I got on my flight the next day to Australia.
I have lived and worked and taxed in the US for ten years, currently on an O-1 visa. We have been together for ten years, married for four. Only just filed in 2019, because my work made the "no travel" restrictions impossible before (we tried in 2016, and had to abandon because I had a job that required constant travel). I am entirely aware of the implications of travel while AOS is pending (thus I've used emergency AP thrice). However, my current O-1 visa is still valid until mid-June.
The way I see it I have 3 options:
1. Return to US as soon as possible on my still valid O-1 visa and hope that my AOS will not be considered abandoned.
2. Wait abroad until my EAD is approved, have the card mailed to me, and enter US on my EAD (I've read about a handful of people who have done so successfully).
3. Try to change my AOS to consular processing from abroad (can this be done mid-process, and what is the timeline?)
The last update on my USCIS case site is that my fingerprints were processed in early March.
My husband needs to be back in the US by August, and I feel incredibly stressed about how I can salvage my status.
Filing a new petition and waiting another year or so is an option, but with the new immigration ban I might not be able to get another work visa.
Not working for a year is not financially an option.
Any and all advice (minus telling me I should have gotten AP before leaving -- trust me I know) is very welcome!
I wish everyone good health and good luck in these stressful and difficult times. COVID-19 has made immigration even more taxing, and it wasn't easy to begin with..!
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