Our situation is kind of awkward. My wife and I both got our green cards a few month ago, but our daughter who just turned 14 during the processing of the case and was required to take fingerprints in January, still has her case pending. We are planning a trip back home and we would like our daughter to come with us. She cannot get AP cause we were adjusting under 245i. Does anybody knows if she leaves the country before GC without AP and wait abroad till she get the card (we will deliver the card to her) and then returns to US with the card. Will she have problems. We feel very bad about all this. We have not been back home for 12 years and really want to go, but would hate to leave her alone here.
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Need urgent advice, please,
- Thread starter imgdoctor
- Start date
Under 245(i), if u leave the country that will lead to an automatic cancellation of a pending i-485 application!!!
Some people believe that US POEs don't carefully track the exit dates and only cares about entry dates into the country. but it is a very risky proposition and will potentially lead to intent to fraud accusation.
12 yrs is a very long time, but be patient for little longer and dont leave ur daughter behind. Wait for her GC and then travel together to ur home country. its better to miss home for some more time than to jeapordize ur daughter's chances by taking her w/ u before her approval or traumatize her by leaving her behind. who knows, may be she might even find it fun and thrilling to be w/o parents supervision for a cpl. weeks at her age!!!
ino, i was.
Some people believe that US POEs don't carefully track the exit dates and only cares about entry dates into the country. but it is a very risky proposition and will potentially lead to intent to fraud accusation.
12 yrs is a very long time, but be patient for little longer and dont leave ur daughter behind. Wait for her GC and then travel together to ur home country. its better to miss home for some more time than to jeapordize ur daughter's chances by taking her w/ u before her approval or traumatize her by leaving her behind. who knows, may be she might even find it fun and thrilling to be w/o parents supervision for a cpl. weeks at her age!!!
ino, i was.
imgdoctor said:Our situation is kind of awkward. My wife and I both got our green cards a few month ago, but our daughter who just turned 14 during the processing of the case and was required to take fingerprints in January, still has her case pending. We are planning a trip back home and we would like our daughter to come with us. She cannot get AP cause we were adjusting under 245i. Does anybody knows if she leaves the country before GC without AP and wait abroad till she get the card (we will deliver the card to her) and then returns to US with the card. Will she have problems. We feel very bad about all this. We have not been back home for 12 years and really want to go, but would hate to leave her alone here.
Thanks for your response, crocker.
We have a duty to go and visit the still remaining family members, some of them in advanced age. We also will visit the graves of those that passed away while we were unable to go back. With some of the names checks I hear taking so long we have no guarantee that her case will be approved in a couple of months or so. As you say she may find it thrilling to stay with friends for a couple of weeks. This is somewhat comforting for us.
I do not want to take any chances and jeopardize her future with her green card.
We have a duty to go and visit the still remaining family members, some of them in advanced age. We also will visit the graves of those that passed away while we were unable to go back. With some of the names checks I hear taking so long we have no guarantee that her case will be approved in a couple of months or so. As you say she may find it thrilling to stay with friends for a couple of weeks. This is somewhat comforting for us.
I do not want to take any chances and jeopardize her future with her green card.
DON'T LET YOUR DAUGHTER LEAVE USA or she will be banned for number of years if she leaves USA because of 245i. She will be approved soon since you and your wife got gc. Please postpone your travel until your daughter gets your gc, and then you all are free to travel.
I am sure your daughter will be approved without any problems. but I strongly advise you not to let your daughter leave USA until she gets her gc.
I am sure your daughter will be approved without any problems. but I strongly advise you not to let your daughter leave USA until she gets her gc.