I485 denial and I130 approved

[nh2005]

Need urgent help. I would be truly grateful if I can be helped. I am a valid US Citizen. I applied for GC for my mother when she was in USA on valid B1/2 visa. She had to leave USA because her mother became sick. We had taken valid advance parole for her to leave the country. I came with my family on vacation and we all are planning to leave tomorrow. Today evening I got an I485 denial and I130 approval for my mother. She has valid visitors visa till 2018. Can she travel with us now on visitor visa? She has her return ticket from USA also booked for October 29. So there is no immigration intent.. I am totally worried. Mother is crying and very worried. Any help will be truly appreciated.

[rayb]

What was the denial reason? If for "abandonment" of Adjustment of Status, you would have to refile for Adjustment if she is in the U.S., otherwise she'll have to be processed overseas from the I-130.

--Ray B

Need urgent help. I would be truly grateful if I can be helped. I am a valid US Citizen. I applied for GC for my mother when she was in USA on valid B1/2 visa. She had to leave USA because her mother became sick. We had taken valid advance parole for her to leave the country. I came with my family on vacation and we all are planning to leave tomorrow. Today evening I got an I485 denial and I130 approval for my mother. She has valid visitors visa till 2018. Can she travel with us now on visitor visa? She has her return ticket from USA also booked for October 29. So there is no immigration intent.. I am totally worried. Mother is crying and very worried. Any help will be truly appreciated.

[nh2005]

What was the denial reason? If for "abandonment" of Adjustment of Status, you would have to refile for Adjustment if she is in the U.S., otherwise she'll have to be processed overseas from the I-130.

--Ray B

Ray, The denial note came as an online status update only on June 27th 2014. This is yesterday. Did not get the physical copy of the notice. So do not know the reason for the denial. Her I130 approval came after the I485 denial note. Can she travel on visitor visa. She has valid visa till 2018. She also has a return confirmed ticket back from USA to prove that she is planning to come back. Please help.

[rayb]

You need to know the denial reason before deciding how to proceed. If a Port of Entry office is aware of mom's Adjustment denial, he can rescind her visitor visa and send mom back.

Your denial could have been for any of a variety of reasons. Since your mom left the U.S. after you submitted her I-485, she "abandoned" that procedure (even with the Advance Parole). You may also have failed to meet a "Request for Evidence" or interview date notice, either of which would have been a reason for denial.

If mom gets back into the U.S., resubmit a new I-485 package (and a new $1,070 I-485 fee), or just ask mom to stay abroad and be processed through the full I-130 process.

--Ray B

Ray, The denial note came as an online status update only on June 27th 2014. This is yesterday. Did not get the physical copy of the notice. So do not know the reason for the denial. Her I130 approval came after the I485 denial note. Can she travel on visitor visa. She has valid visa till 2018. She also has a return confirmed ticket back from USA to prove that she is planning to come back. Please help.