I have a friend who came to the US on a tourist visa. She she got married to a GC holder about 3 years ago. He now became a citizen and she applied for her GC (she overstayed her visa). However, one of her parents passed away recently and she left the country. What can she do now? She had sent all the papers and had her fingerprint appointment coming. Can she return?
Leaving the country while I-485 is peding
- Thread starter Ddudly
- Start date
PraetorianXI
Banned
her tourist visa is long voided, she did not have Advance Parole and even if she did, she is subject to a 10 year bar from returning... how exactly is she going to return?
CIS doesn't care about anyone's personal circumstances. It's just not their job and nowhere on their list (of course there are exceptions like 601, but that's not a case). They may issue AP really fast in such situation (my friend did it), BUT as long as she leaves the ban will kick in. It's a horrible situation, but nothing one can do around it.
tinkerbelluk
Registered Users (C)
its not a good idea for her to leave until her green card is approved. The same thing happened to me (my grandfather died earlier this year before my AP had been processed.) In the end they set up a webcam so i could still attend the funeral, so maybe this is a possible option.
What circumstance? She violated her visa term by overstaying. In my eyes, she should never be allowed to enter US.
I understand that she violated the law. But by the time she got married she had a tourist vista, her husband was a GC holder back then and we know that it can take a long time. She decided to live here with her husband and waited to apply by the time he would get his citizenship. She had already started the process. I understand the she was wrong, but it is not right that she will be baned from this country for 10 years, her mother who she was very attached to passed away, it is not fair that she has now to cope with the loss of her mother and now of her husband. Maybe he will have to move there with her, his whole family is here. I think immigration laws sometimes make no sense. There should be a way for her to return.
TheRealCanadian
Volunteer Moderator
Whether right or wrong, it is the law, and hopefully acts as a deterrent when people consider staying past their authorized stay.
Apparently it did not. Actions have consequences.
She wasn't born here - she has NO right to be here. Her entry to USA was a privilege that she enjoyed, however. But she violated the terms. Now the consequences follow.
Triple Citizen
Registered Users (C)
trialanderror83
Registered Users (C)
Common, give me a break man...
ilovethe80s
Registered Users (C)
I'm curious if your friend was aware of the 10-year ban before she decided to leave the US, or is this a surprise to her? This situation is so unfortunate. I'm sorry.
I don't know if she was aware or not but I think when you get a phone call and they tell you your mother died you don't have time to think about those things. Yes it might be wrong, but to me it is just a technical issue. She had already applied for her adjustment of status. I would leave to if I were in her situation. Now she is banned for the next 10 years. I am sure she will be fine, her family is in a very good financial situation. She never came here searching for a better life, she came here to be with the man she fell in love with. I am sure if she can't came back here he will move back to be with her. I just think they should analyze things on an individual level. I don't care about laws I care about what is right and what is wrong.
Triple Citizen
Registered Users (C)
I am confused now. Your first post said she came here on a B-2 and then married a GC holder. Now you are saying she came here to be with this GC holder right from the start. So did she enter the US with a B-2 with the intent to marry this GC holder and then adjust her status?
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PraetorianXI
Banned
That makes no sense. We have laws and moral restraint (like not overstaying a B2 visa with the intention to illegally immigrate to a country) as a mirror of what is right and wrong.
They married in their home country. I guess as a GC holder she would have to wait forever in order to move here to be with him. So, she came with her tourist visa (which she already had even before she met him) and decided to wait until she got her citizenship in order to apply. My point is that USCIS lets you adjust your status if you overstayed your visa (I did it) they do forgive you. Since she had already started her process I think they should allow her back. Anyway, I thinking I am just venting.
TheRealCanadian
Volunteer Moderator
I think so.
There are some situations where overstays are forgiven, and some of those where it makes more sense to overstay. But the decision to do so needs to be carefully made, with a clear understanding in advance of the pros and cons, since there are significant potential downsides to doing so. We've just seen one.