I had an L1 visa and applied for permanent resident on 2002. At the beginning of 2005 my company sent me to an important project in Mexico (my home country). Since it’s a long project my wife decided to travel to Mexico with my kids (both born in the US) and stay at her parents house so she will not spend too much time alone at home in the US. At that time we both had advance paroles and when they ware about to expire we got back to the US (March 2005). Our lawyer filed for new paroles on February 2005 (that is 3 months before the expiration of the others).
We didn’t get the new traveling documents on time. By April 2005 I had to go back to Mexico for business reasons and my lawyer filed for an emergency parole. It was denied because the lawyer argued that it was a Business emergency and the INS only grants emergency paroles due medical emergencies. Well... I had to leave anyway because my job depended on it. So we got back to Mexico without a valid AP.
On June 2005 only my parole was sent to my home in the US. The lawyer sent it to me via FedEx no-problem. On June 26 we had an interview at the USCIS offices. I went without my wife because she was in Mexico without a valid AP. They gave me a new date so my wife should appear next appointment. We waited for the AP to come but nothing... again I received a letter for an appointment at the USCIS. My lawyer prepared a letter requesting more time to prepare the documentation and I hand delivered to the USCIS office.
Just yesterday I got a letter DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT addressed to my wife. The letter says that her application for permanent resident has been denied because she failed to appear to the appointment.
I hired a new lawyer and he thinks we should re-apply. I didn’t want to separate the kids from her mother and bring them to the US. I am traveling a lot and for the moment spending more time in Mexico than the US. So we decided to enroll them at school in Mexico. We would like to go back full time to live in the US next summer.
I would like to keep my current application because we started it on 2002; it has been a long way, work and money so far.
My idea is to try to continue with my green application (just mine not my wife’s). Since mine so far has not been denied… next Wednesday I am going to the USCIS office to find out if my case is still open.
If everything goes OK I will get the green card and then apply for her. Right now she has a valid tourist visa that expires in 2008. So she can travel to the US as tourist (been careful of not over staying).
Other option could be to file a motion to re-open the case and find a way to get her here. The problem is that she can’t stay for long and leave my kids alone in México.
I will appreciate any advice or thoughts on my case.
Thank you
We didn’t get the new traveling documents on time. By April 2005 I had to go back to Mexico for business reasons and my lawyer filed for an emergency parole. It was denied because the lawyer argued that it was a Business emergency and the INS only grants emergency paroles due medical emergencies. Well... I had to leave anyway because my job depended on it. So we got back to Mexico without a valid AP.
On June 2005 only my parole was sent to my home in the US. The lawyer sent it to me via FedEx no-problem. On June 26 we had an interview at the USCIS offices. I went without my wife because she was in Mexico without a valid AP. They gave me a new date so my wife should appear next appointment. We waited for the AP to come but nothing... again I received a letter for an appointment at the USCIS. My lawyer prepared a letter requesting more time to prepare the documentation and I hand delivered to the USCIS office.
Just yesterday I got a letter DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT addressed to my wife. The letter says that her application for permanent resident has been denied because she failed to appear to the appointment.
I hired a new lawyer and he thinks we should re-apply. I didn’t want to separate the kids from her mother and bring them to the US. I am traveling a lot and for the moment spending more time in Mexico than the US. So we decided to enroll them at school in Mexico. We would like to go back full time to live in the US next summer.
I would like to keep my current application because we started it on 2002; it has been a long way, work and money so far.
My idea is to try to continue with my green application (just mine not my wife’s). Since mine so far has not been denied… next Wednesday I am going to the USCIS office to find out if my case is still open.
If everything goes OK I will get the green card and then apply for her. Right now she has a valid tourist visa that expires in 2008. So she can travel to the US as tourist (been careful of not over staying).
Other option could be to file a motion to re-open the case and find a way to get her here. The problem is that she can’t stay for long and leave my kids alone in México.
I will appreciate any advice or thoughts on my case.
Thank you