Major ! 485 Mistake....Help!

[cassidym]

My Australian wife and I were married in Janiary 2002. Aftewards she promptly applied for permanent residence in the US. When INS issued her the EAD, they led her to believe this was all she needed. Consequently, when we went on a recent vacation overseas, we thought there would be no problem. But, my wife was detained at the airport for leaving the country without an advanced parole. We knew nothing of the rules and innocently went on the trip. Now my wife has a court date which the lawyer we talked to said will result in her being deported.

Is this true? Are there any alternatives? She entered the US on a fiance visa and is an Australian citizen. She submitted the I 485 15 months ago.

 

[ginnu]

My Australian wife and I were married in Janiary 2002. Aftewards she promptly applied for permanent residence in the US. When INS issued her the EAD, they led her to believe this was all she needed. Consequently, when we went on a recent vacation overseas, we thought there would be no problem. But, my wife was detained at the airport for leaving the country without an advanced parole. We knew nothing of the rules and innocently went on the trip. Now my wife has a court date which the lawyer we talked to said will result in her being deported.

Is this true?
-------- She needed approved AP in Hand before she departed US for her reentry to US
Are there any alternatives?
------ it seems that you are US citizen, you need to talk to good lawyer or may have to petition for her again
She entered the US on a fiance visa and is an Australian citizen. She submitted the I 485 15 months ago.

 

[djh]

Not to sound cold, but the reality BCIS takes is that ignorance is no excuse.

Get yourself a good lawyer.

Are you Australian too or American?

 

[pralay]

Is this true? Are there any alternatives?

Yes, from the legal point of view, she is deportable. Unless some good attorney fights for her and finds a way to get her in USA, she will be deported. And, as she left USA without AP, her I-485 will be considered abandoned.
Even if she gets deported, other way is to apply AP for her and sending it the nearest consulate where she can collect it. Her/your attorney can do it behalf of her. Normally this kind of situation applies only on humatarian ground. I am not sure this vacation case will apply here.
The last resort is obviously applying for CP - which will be a very long waiting.

 

[TheRealCanadian]

Yes, from the legal point of view, she is deportable. Unless some good attorney fights for her and finds a way to get her in USA

If she has a court date before an immigration judge, she is 90% of the way there. She merely needs to petition the judge to grant her relief by approving her I-130 and I-485.

This should be salvagable with a half-way competent attorney.

 

[hadron]

Get a good lawyer. This should be fixable. The judge might be able to just parole her into the country.
What type of hearing is it: 'Notice to show cause' ?

 

[TheRealCanadian]

you could marry her before the court date if you a citizen. That way they can't deport her.

With respect, but "My Australian wife and I were married in Janiary 2002" makes it pretty clear that they are already married.

Already married, she's in the US and the I-130/I-485 are already filed. She might get her GC on the spot.

 

[lbusch28]

Already married, she's in the US and the I-130/I-485 are already filed. She might get her GC on the spot.

I don't know about that.

 

[cassidym]

Can anyone recommend a good immigration lawyer in the DC area? One who can fighty this case and win and by "win" I mean my wife's paperwork is reinstated and she does not have to leave the country

 

[TheRealCanadian]

Can anyone recommend a good immigration lawyer in the DC area? One who can fighty this case and win and by "win" I mean my wife's paperwork is reinstated and she does not have to leave the country

Look no further than our host, Rajiv Khanna.