Reentering the US After Leaving without I131 Advanced Parole

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eucitizenARM

New Member
My wife is an EU citizen; I'm a US citizen (as is our daughter). We applied for my wife's green card in May 2003 and have heard nothing yet. My wife filed a I131 (Advanced Parole) in early September 2004 to visit her grandparents who are in their mid-nineties and in ill health. In late December the travel permit hadn't arrived and fearing she'd lose her grandparents before the AP arrived, she left the US, taking with her my daughter (age 1 year). They are both now stranded in Spain.

What are our options? Can my wife: (a) use her advanced parole (if it ever arrives) to reenter the country, (b) abandon her green card application (without formally filing anything) and simply reapply for an immigrant visa in Spain. If the answer is yes to (b), what is a realistic time estimate for obtaining the visa? If the answer is no to (b), what is the estimated processing time for transfering our I130 to Spain and then applying for the immigrant visa? Is there a way to expedite processing for situations such as ours?

Finally, if we flew to JFK without the advanced parole but with notarized doctors certificates attesting to the grandparents' state of health, would my wife stand a chance of getting readmitted? Would immigration really impose the draconian penalty of breaking up a family for what is after all a result of delays in processing on Immigration's side?
 
eucitizenARM said:
My wife is an EU citizen; I'm a US citizen (as is our daughter). We applied for my wife's green card in May 2003 and have heard nothing yet. My wife filed a I131 (Advanced Parole) in early September 2004 to visit her grandparents who are in their mid-nineties and in ill health. In late December the travel permit hadn't arrived and fearing she'd lose her grandparents before the AP arrived, she left the US, taking with her my daughter (age 1 year). They are both now stranded in Spain.

What are our options? Can my wife: (a) use her advanced parole (if it ever arrives) to reenter the country, (b) abandon her green card application (without formally filing anything) and simply reapply for an immigrant visa in Spain. If the answer is yes to (b), what is a realistic time estimate for obtaining the visa? If the answer is no to (b), what is the estimated processing time for transfering our I130 to Spain and then applying for the immigrant visa? Is there a way to expedite processing for situations such as ours?

Finally, if we flew to JFK without the advanced parole but with notarized doctors certificates attesting to the grandparents' state of health, would my wife stand a chance of getting readmitted? Would immigration really impose the draconian penalty of breaking up a family for what is after all a result of delays in processing on Immigration's side?
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They gives emergency AP if you have a proof that you really needs to visit somewhere. You wife should have got it before leaving. Check out what happened to the I-131 that your wife has applied. If it gets approved you can send it to your wife and she can re-enter here with it.
 
amishah said:
They gives emergency AP if you have a proof that you really needs to visit somewhere. You wife should have got it before leaving. Check out what happened to the I-131 that your wife has applied. If it gets approved you can send it to your wife and she can re-enter here with it.
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Usually, the border officer will check whether the alian left US after the I-131 was approved. If the alian left US before I-131 was approved, the I-485 application was considered abandoned. I would suggest contact an immigration attorey immediately for a legal advice.
 
eucitizenARM said:
My wife is an EU citizen; I'm a US citizen (as is our daughter). We applied for my wife's green card in May 2003 and have heard nothing yet. My wife filed a I131 (Advanced Parole) in early September 2004 to visit her grandparents who are in their mid-nineties and in ill health. In late December the travel permit hadn't arrived and fearing she'd lose her grandparents before the AP arrived, she left the US, taking with her my daughter (age 1 year). They are both now stranded in Spain.

What are our options? Can my wife: (a) use her advanced parole (if it ever arrives) to reenter the country, (b) abandon her green card application (without formally filing anything) and simply reapply for an immigrant visa in Spain. If the answer is yes to (b), what is a realistic time estimate for obtaining the visa? If the answer is no to (b), what is the estimated processing time for transfering our I130 to Spain and then applying for the immigrant visa? Is there a way to expedite processing for situations such as ours?

Finally, if we flew to JFK without the advanced parole but with notarized doctors certificates attesting to the grandparents' state of health, would my wife stand a chance of getting readmitted? Would immigration really impose the draconian penalty of breaking up a family for what is after all a result of delays in processing on Immigration's side?
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hmm doesn't sound too good for you. Generally the law states that travel outside of the us while your adjustment of status is still underway WITHOUT using an advance parole can have severe consiquence. For one your wife since she doesn't not have a green card may have her application terminated, because her leaving would basically mean that she is abandoning the petition. Also another thing that may happen to her is that she may not be able to return to the us. For one since she didnt have the right papers to be able to travel and come back.. she might have to stay where she is now until she is able to file another visa to come back. Also if she was "unlawfully present" (which means she was here after her first visa expired) for a period of up to 180 days but not exceeding 1 year she might be barred from being able to enter the country for 3 years or being able to file for a visa for that amount of time also if she was "unlawfully present" for more than a year she may be banned from entering the country for a period of 10 years!.

And since she left without her advanced parole being accepted and mailed back to her I do not believe that she can use it now to come back. You may want to contact a lawyer about that. And to answer question b I believe that you would have to terminate your present application if she wants to refile again in spain

Im not sure bout you being able to transfer your i-130 to spain and then filing it there.. I think since you guys have already filed it.. it might be terminated since she left and you may need to refile it.

Lastly I understand her situation and yours.. me personally I dont think your wife should be barred from entering again especially if she has proof of medical records.. however since the laws are so strict they might deny it.. or they might actually make an acception with you.

What I would advise you to do is to speak with a lawyer throughly about a possible exception and about a possible transfer of i-130.
 
Your case will be denied, cause it's all beurocracy and following strict rules and laws by INS. But having in mind the circumstances you can definitely file a motion to reopen the case. And further if the case is brought to an immigration court it will be approved, because your wife is not guilty for INS dragging and taking so long.
i doubt if you can transfer 130 in Spain. But after denial you can definitely reopen the case. It's a bit time/ papers/crap again, but with 99% happy end. A good immigr laweyer should be able to help you without problem
 
While the I-485 may be dead, the spouse is not a party to the I-130 and her leaving the US cannot negatively affect it. The I-130 is very much alive.

I'd grovel to my Congressman's office and see what they can do.
 
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