Can I apply for travel documents-need opinion

F

Feb2005

Registered Users (C)
Hello,

I am looking for some opinions on whether or not at this point it would be best option for me to apply for travel doc? I've heard bad things abt it before meaning -whether or not entry to US is the sole decision of the immigration officer at the airport and having travel doc doesn't gureentee tht..

But based on my info do you guys think I should do it or not- I want to go home anyway possible but at the same time I don't want to risk not getting permission of entry to US because my hubby is sick- and under no circumstances he can be by himself .

Okay here is my immigration status journey

1998- Came with F1
2000- Hubby applied for I-130 (he was a gc holder)
2002-04- From F1 to V status changed
2004- Priority date came current and I-485 fillied
and name check pending ever since and one & only thing holding my gc up.

I have always been in status here..F1 or V1 until filled for I-485.

Right now, am I considered out of status? This is my big concern as I have heard usully ppl who have been out of status get in problem at reentry with travel doc.

Please any opinion would be appreciated!! :)
 
If you've timely filed your I-485 before your V-1 expired, then you've been in status at all times and your legal stay has been extended for the time the I-485 is pending.

If you leave the country, you must have an approved advance parole document, otherwise you'll be considered to have abandoned your I-485 application and need to start all over.

The chance you'll be turned away when you re-enter is very small if you have AP and all your documents are in order... but only you can make the call if that's good enough for you in light of your husband's health situation. I believe if the unlikely does happen, there are hardship waivers that can be filed (your husband's hardship for not receiving his care, if he can't travel outside the US and you are his primary caregiver). If it's a life or death situation I wouldn't risk it.
 
Thank you both for the replies!

I don't even remember if I applied for i 485 b4 my V status expired....most likely I did.


About tht waiver thing- is there a separate form for that? Or how do I apply for tht- he doesn't have anyone here besides me. But he can travel- meaning with someone but I don't think by himself as he had a relapse just last week...and if I can't come back- he will be in serious jeorpardy. We will have both our lives ruined basically. He can't get the treatment back home for wht he has.
 
DO NOT LEAVE until you get your GC.

Start writing to congressmen, Laura Busch, FBI, etc. regarding your name check.
 
OK - the first thing you ought to do is find your most recent I-94 and your I-485 receipt notice and see if the I-94 expiration date is later than the I-485 receipt date; then you have not had a status violation. I'm assuming you also didn't have a status violation earlier on F-1 (such as not taking a full time course load).

Next, look over INA Section 212 which gives a long laundry list of items that might make someone inadmissible. This will be what the CBP officer will use as a framework to decide whether to readmit you. I don't think they are supposed to deny entry just because they feel like it. Last time when I entered the officer told me something to the effect "you really shouldn't be allowed to enter" because he personally didn't like the fact that my job is in a profession where a lot of folks in his city are currently unemployed, but in the end he followed procedure and admitted me after giving me his personal opinion.

If you've had no status violation, have all your important documents such as your I-94 and all notices received from USCIS, and none of the items in INA 212 apply to you, I would say it's extremely unlikely you'd have a problem entering on AP, and if you'd get denied for no particular reason you could explain that your husband has a medical condition that you need to assist with (bring proof) and hopefully it will change the officer's mind.

About AP, you'd have to make sure the AP is approved before you depart, this is very important.

About the waivers, I'm no expert on this and have no personal experience being denied entry, but my understand is you'd file an I-601 waiver with your consulate. There's a memo about this here on a lawyer website. You'd have to prove that your spouse suffers extreme hardship, and I think he's the one petitioning for the waiver, and your case would seem to fit right into the primary reason why a waiver would be granted. Apparently this waiver process may take some time though.

I think the more likely issue you could have is that your I-485 gets approved or denied while you're gone. If it's denied while inside the US you get to have a hearing before an immigration judge but if you're outside the US you're pretty much out of luck. More likely I think you might be approved while outside the US. In this case, if you show up without a GC being a permanent resident, you'd probably be admitted through what's called deferred inspection.
 
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Thank you very much Austriascus for all the information.

I did have my V status valid till end of 2005, and my receipt date for 485 is Oct 2004. So, I wasn't out of status.

Information that you provided is very helpful and after thinking much (specially even today hubby had quite a health issue scare) I'll just wait for the name clearence.


LucyMO, thanks for your respons. I did contact congressman's office last month- no help from them. As a matter of fact, the lady there was such dramatic she just got on my nerve. Apparently, cases like mine make her cry and that's why at the office her co-workers buy tissue for her- and then she handed me a tissu cause she was thinking I was crying---I'm not making this up that's exactly what she did even though I was no where near crying and was very annoyed at her ridiculousness and she told me she would call me.

Couple of weeks ago sent a form to Ombusdman and last week sent a letter to L. Bush. Nothing heard from the Ombudsman yet (donno if I ever will!!) Don't know what will happen at this point praying for tht miracle of name clearance!!
 
Feb2005, you're very welcome and I agree that it's certainly safer to wait for the name check to clear. I wish your husband good heath going forward. I have a friend with a health problem that makes it difficult for him to travel or be alone so I have an idea what it's like.

Looks like the congressman's staff lady picked the wrong job if she gets so emotionally worked up about her constituents. Who else can you write in this case anyway? Your two senators? Or Robert Mueller?
 
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