QUESTION
I-485 cancelled by USCIS when an emergency trip caused wife to leave USA? How to get back in process
Asked on Jul 07th, 2019 on Immigration - Virginia
More details to this question:
I am an USA-born American citizen. My wife is Chinese. We submitted to USCIS the forms G-1450, G-1145, G-325A, I-130, I-130A, I-485, I-864, I-795, I-131 on May 30, 2019. Her Alien Number is A219215154. We submitted these using my home address in Arlington, VA. She was on tourist Visa. And, within the 6-month period on tourist visa visiting husband. However, then came a family issue that caused her to return to China at the end of the six-month visa period (June 2019), and we did not have the I-131 Parole Document in-hand (we discovered her mother had been diagnosed with terminal cancer). On July 3, 2019, upon re-entry to USA, CBP stopped her from entering the USA and sent her hack to China. They stated that her Tourist Visa was no longer valid because the I-485 was submitted, and that she was being denied entry. We now know that if she stayed in the USA her Visa process would have continued...but, family emergency did arise...And, now everything looks derailed. How to fix?
1 ANSWER
If you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole, the adjustment of status case may be denied for abandonment and she may have to start the process all over again and process her immigrant visa at the consulate overseas. You should retain counsel immediately so that she can process her case competently and efficiently. This is why lay people should not attempt to handle their cases without being represented by counsel. Counsel anywhere in the USA can represent you. Good luck.
Answered on Jul 07th, 2019 at 7:12 PM