Need serious advice on AP, please let me hear your thoughts!

[Linn Elin]

Thank you for reading, I'll try to keep it short. The situation is this; I sent in the adjustment of status package(I-485, I-131, I-765) which was recieved by uscis on september 22nd. I had my biometrics appointment on the 25 of october. On the 3rd of November my dad had a surgery which was supposed to be a routine surgery cause the do it all the the time. The surgery got complicated and my dad almost died. He had to have Andreas rher surgery that same day. He's turning 80 this summer. While on the phone with my sister after she had got the details about the sugeries I panicked thinking I would never see my father alive again, that he would die while I was abroad. I left without having my ap approved because I didn't have time to wait for an Infopass appointment.
I know USCIS will deem my application abandoned because of that. Is there a chance that they will accept documentation of the urgency from a surgeon afterhand, and I will be fine to go back. Do any of you have experience with this.
My husband is not worried at all about me not getting my ap because we've done everything we were supposed to before I left, except getting the ap approved. I'm so worried cause I now might not be able to go back to what I now call my home. I subrented my appartment, sold my car and left my job in my country because I intended to immigrate, and now I can't go back. I couldn't foresee my fathers serious illness and felt the right thing was to be with my father. How do you think USCIS will handle the case? I'm sorry for the long text, but I''really depressed being in this state. Thank you for reading.

[Minahqq]

Wait so did you leave already and are currently outside the US? Or are you still here?
If you filed AOS and leave the US with no AP, there's a big chance your application will be considered abandoned because you leave with no permits from USCIS. I dont know what to tell you but if you leave with no AP, you might be denied entrance when you come back to the US. Never leave without any documentation from USCIS stating its ok to leave. The paperwork is a long and expensive process. I understand your worries, I lost my grandmas during AOS and couldnt leave and risk it.
If you have not left and want to leave ASAP, file I 131 for AP right now and ask to expedite it. Or u can go to local USCIS and ask for emergency AP and provide proofs. Then u can go back and return without your AOS being throw away. If you have a lawyer,consult them right away

[Linn Elin]

I left already! I didn't have time to get an emergency travel document. My dad was in the ICU and I didn't know if he'd make it through. I'm a law abiding citizen in my country in Scandinavia and also as a visitor in the US, I have no criminal record and no overstayed visas in the past. I have a statement from the surgeon that explains the urgency.

[newacct]

You will almost certainly be denied entry if you try to enter the US as a visitor.

You will have to do consular processing abroad for an immigrant visa instead.

[Bayfield]

When you left without AP you abandoned your petition to adjust.

So now you are married and presumably your K1 is long dead you will have to go though the CR1 immigrant petition route.

[Linn Elin]

I don't intend to enter as a visitor as my intent is to immigrate.
There must be a way to submit information that explains why I had to leave so urgent. I've been told that as long as I have done everything right on my part. Sent in the applications and had my biometrics, is up to USCIS to decide whether they think my situation is valid as an urgent parole.

On the uscis website under emergency travel they state that:
- You must APPLY for the travel document BEFORE leaving the United States.
- Generally, an applicant for a travel document must also COMPLETE biometrics capture at an Application support center (ASC) PRIOR to departure from the United States.

And then it says: FAILURE to do so MAY cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

How do you interpret this?

[Minahqq]

I don't intend to enter as a visitor as my intent is to immigrate.
There must be a way to submit information that explains why I had to leave so urgent. I've been told that as long as I have done everything right on my part. Sent in the applications and had my biometrics, is up to USCIS to decide whether they think my situation is valid as an urgent parole.

On the uscis website under emergency travel they state that:
- You must APPLY for the travel document BEFORE leaving the United States.
- Generally, an applicant for a travel document must also COMPLETE biometrics capture at an Application support center (ASC) PRIOR to departure from the United States.

And then it says: FAILURE to do so MAY cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

How do you interpret this?

You intend to immigrate but you leave while your immigration paperworks are still going which will be considered abandonment. Where is your husband? You're a law-abiding citizen and no criminal record or overstay visa then good for you but your documents will still be considered abandoned and you will most likely be denied entry upon arrival. Like what you posted, USCIS said you must apply before you leave. You can try to find other route but once USCIS finds out you left when you're AOS is pending ,they will considered it as abandoned and you cant make them overturn that decision despite however many documents you show them

[Linn Elin]

I did apply for the travel document, along with the adjustment of status. And did the biometrics. So I did everything I was supposed to before I left. My dad was in the ICU when I left, and I didn't have time to get an emergency travel document.

[Bayfield]

I don't intend to enter as a visitor as my intent is to immigrate.
There must be a way to submit information that explains why I had to leave so urgent. I've been told that as long as I have done everything right on my part. Sent in the applications and had my biometrics, is up to USCIS to decide whether they think my situation is valid as an urgent parole.

On the uscis website under emergency travel they state that:
- You must APPLY for the travel document BEFORE leaving the United States.
- Generally, an applicant for a travel document must also COMPLETE biometrics capture at an Application support center (ASC) PRIOR to departure from the United States.

And then it says: FAILURE to do so MAY cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

How do you interpret this?

You wish to immigrate to the US, you need an immigrant visa. If you had obtained AP you could have used that to return, you did not.

[Linn Elin]

Are they really that strict? I did apply for it, but had to leave due to a family energency. I thought it now was an officer discretion case?

[Bayfield]

You could have applied for Emergency AP.

It is not a question of being strict or not, you want to immigrate to the US and you need a document that allows you to enter to do that. AP would have been one of them, you do not have that, the other is an immigrant visa.

[Linn Elin]

No, I couldn't have applied for an emergency travel document, I didn't have time! My immigrant visa is also pending, along with the travel document! What am I supposed to do, wait in the US and maybe have let my father pass, not caring at allabout him? That's pretty cynical! When I left my country to live with my husband I had no idea my father would get seriously ill. He aquired a life threatning disease!

[Bayfield]

No, I couldn't have applied for an emergency travel document, I didn't have time! My immigrant visa is also pending, along with the travel document! What am I supposed to do, wait in the US and maybe have let my father pass, not caring at all about him? That's pretty cynical! When I left my country to live with my husband I had no idea my father would get seriously ill. He acquired a life threatening disease!

Nothing cynical, you have not been banned, you just need an Immigrant Visa as you do not have AP.

[Linn Elin]

But will they cancel my immigrant application now that I'' notin the country.
I don't have my apartment anymore, nor do I have a job or a car because I moved to live with myhusband. And because my father almost died I will have to do it all over. It doesn't make sense to me.

[Minahqq]

But will they cancel my immigrant application now that I'' notin the country.
I don't have my apartment anymore, nor do I have a job or a car because I moved to live with myhusband. And because my father almost died I will have to do it all over. It doesn't make sense to me.

Most likely. If you leave without AP when AOS is penidng then your application will most likely be considered abandoned . If you can get back here then you can re-apply. For now, Im not sure how you can reenter with no AP unless you have some type of visa