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

A

AceMumbai

Registered Users (C)
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.
 
The B2 Visitor's Visa had an I-94 that expired on June 2007. So the overstay was about 3 months i.e. less than 180 days.

But is it considered overstay if the I-485 application was filed before the expiry date of I-94 ?
 
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It looks like the only way for her to get to the US is through immigrant visa. Her B-2 visa is most likely cancelled due to overstay, or will be if she tries to reenter. Her chances to obtain new B-2 are nil due to her immigrant intent.
 
Aibolit said:
It looks like the only way for her to get to the US is through immigrant visa. Her B-2 visa is most likely cancelled due to overstay, or will be if she tries to reenter. Her chances to obtain new B-2 are nil due to her immigrant intent.
Click to expand...

Exactly what I was going to say.

She has demonstrated immigrant intent. Forget about a visitor visa.

Read the sticky thread of Parents GC through Consular Processing.
 
Apparently, she called the US Consulate in Mumbai (India) and was told that effective Oct 2, 2007 they do not accept GC applications there and that she would have to travel to USA and re-file her I-485 application.

But I am highly skeptical that is correct information, since this was be big news if they stopped accepting GC applications for consular processing !!

So, just to confirm - re-filing her GC with consular processing is probably the *only* option left now .. Right ?
 
Yes. Pretty much. and no, she can not travel to the US and refile her I-485.

Her only way of going to the US now is through a immigrant visa. But, it is you who will file for her in the US (i-130 and so on) not her at the Consulate.
 
We had filed I-130 and I-485 concurrently. Since only the I-485 is considered abandoned, I am assuming the I-130 is still valid and can be used for re-filing for the consular processing.

Wonder how long it will take for I-130 approval ? The receipt date for I-130 is Feb 21, 2007.
 
The normal process for CP applications is that the approved I-130 gets sent automatically (by the service center) to NVC, where the fees & paperwork for the I-864 and DS-230 are collected/processed. Once that is complete, the file is transferred to the consulate for interview scheduling.

In your case, it sounds like you need to send the I-130 to NVC so you can initiate CP.
 
Can anyone point me towards how to manually send the application to NVC ? After I get the I-130 approval, which forms do I need to send to NVC ? Anything else besides the I-864 and DS-230 ?

boatbod said:
The normal process for CP applications is that the approved I-130 gets sent automatically (by the service center) to NVC, where the fees & paperwork for the I-864 and DS-230 are collected/processed. Once that is complete, the file is transferred to the consulate for interview scheduling.

In your case, it sounds like you need to send the I-130 to NVC so you can initiate CP.
Click to expand...
 
AceMumbai said:
Can anyone point me towards how to manually send the application to NVC ? After I get the I-130 approval, which forms do I need to send to NVC ? Anything else besides the I-864 and DS-230 ?
Click to expand...

It seems you need to submit an I-824 with the appropriate fee (see I-824 instructions), then wait for further instructions. DO NOT send any fees for the I-864 or DS-230, or the actual forms themselves until asked by NVC.
 
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