Can my wife travel?

D

DJdeMarco

Registered Users (C)
About two years ago My wife and I got married ans she came to US. I am a US citizen. I applied for her change of status. During the year we went outside the country for several months and her interview date came. We missed the date as we didn't know about it. To make long story short, her case was denied and her warrents were issued for deportation even though we were outside the country and we had travel documents with us. When we came back to the US, we found out about the case and went to court and had to re-file but this time I130. It was filed on March 30, 2003 with CSC. I was told that since we had to mark that case was denied once before it will evantually be transferred to my local INS office that hasn't happened. CSC shows processing date of Feb 5 2003. Its been showing this for last 4 months now. Is it possible that they are still stuck on the same single processing date for 4 months?

Also, Is it possible for my wife to get a travel document and travel outside the country even though she is in court proceeding? Can I do anything to make the process go any faster so that the case gets transferred to my local INS office quickly? Will a lawyer help in this situation?

Thank you (Sorry for the long post)
 
Getting a travel document (Advance Parole) does not mean that the person will be able to reenter the US. This frequently happens with overstays, an alien overstays their visa for more than 365 days (which triggers a mandatory 10 year bar on reentry to the US), Alien marries a US Citizen, who files an I-130 and Alien files I-485 and request AP, USCIS grants AP and alien leaves US figuring that AP would permit reentry, Alien is then denied entry to the US due to an overstay of more than 365 days and is not permitted to reenter for 10 years. This happens all the time.

Whether your wife will permitted to reenter in her specific situation is not something I can answer without a thorough review, however, the fact that she obtains AP does not mean that she will be able to get back into the US.
 
Thank you Jim for your reply.

I take it that re-entry permit is then relativily useless document to get. It is dumb to not know if someone has left the country or not if someone is travelling via a common carrier. Especially in this age of computers and all.

Would you happen to know if it is normal for a (previously denied) I130 case to be transfered from CSC to a local office? So far We have been going to the court ourselves and talking with the judge. He simply gives us another date a few months down the road until we get our I130 approved. Do you think hiring a lawyer will help at all to speed up my application?

Thank you.
 
Speeding up the process is difficult until the case has taken an EXTREMELY long time.

AP merely gets you out of the US and back to the border for inspection. Reentry is never guaranteed.
 
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