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I-485 abandoned & B2 Visa canceled. Next steps ?

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  • I-485 abandoned & B2 Visa canceled. Next steps ?

    The short version:
    If one filed I-130/I-485 (family based) after entering on B2 Visa but had to leave USA without applying for Advance Parole, what's the quickest way to re-enter USA ?

    Details:
    We filed I-130 and I-485 concurrently in Feb 2007 while my mother was visiting us on a B2 Visitor Visa. She had to leave the country without obtaining Advance Parole document in Oct 2007. Since her I-485 is considered abandoned and B2 Visa considered canceled due to I-94 overstay (while awaiting I-485 decision), I assume we can re-file application with existing I-130 in her home country (India).

    Now she wants to come back to USA. Any advice for the quickest way to re-enter ?

    I have searched many forums but have not found a precedent to such a scenario.

    - Thanks in advance,
    Ace.

  • #2
    For how long (days) did she overstay?
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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