urgent could I continue with my green card application?

L

luk12

Registered Users (C)
I am in the last stage of getting green card. I filed I-485 on 11/23/01. My husband is the primary applicant, I am the dependent. Unfortunately he passed away recently from an accident. I like to know if I can continue with I-485 application. How about if INS ask RFE or call interview.

Besides, I am planning to bring my husaband's ashes back to China in January, 2003. Is there anyway I can get AP as soon as possible. I am in New York area. Is there any local INS which still issues one day AP?

I need help. Thanks for any advices in advance.
 
I'm sorry to hear that. Life could be so painful sometimes. I hope you don't get any RFE and simply get your GC.
 
I am sorry to hear that and my condolences to you and your family.

When your husband filed the I-485 forms, did he use a lawyer? Was it through the company who sponsored him?
If so, you may want to discuss this matter with them.
 
Luk12,
Please accept my condolences. I would recommend getting in contact with an immigration lawyer. Make sure you speak with the lawyer before you speak with your late husband's company.

- wherezgc
 
Thanks for the reply. We didn't hire a lawyer. My husband had done all the work for I-140 and I-485 at category of outstanding researcher (EB1). We got I-140 approved in 5 months. He worked at institution, not company.
 
Please accept our condolences.

Words cannot express the anguish of losing a loved one. These are very trying times when one must gather all the courage to move forward.
As recommended by wherezgc, please do get in touch with a good immigration lawyer as soon as possible and discuss all legalities. They would be the best people to help you out at this time.
Wishing you good luck.
You shall be in our prayers.
 
Sad to hear...

Not to discourage you at this point of time.

As a woman i can understand the pain you are going thru.

Yes, you should find a lawyer for sure. If you are working that should be a plus point.

A British citizen lost a husband on 9/11. He was a American.
She had 2 kids born here.

I don't know if you have or anyone on this board read this article.

INS was going to deport her back, but many Citizens in this coutry raised voices and she was granted a Green card.

This story is just about 6-7 months back.

What a plight? A woman struggling to survive with her kids already lost her loved one has to fight to stay in this country.

And the terrorist gets his visa after he is dead.??????

I sometimes wonder does going to a temple, church, Mosque really help. What a 'joke' humanity has made out of itself!

Luk12 you stay strong girl! You are going to make it!

Luv

-Roma
_____________________

RD OCT 2 2001
APP NOV 14th 2002
APP RCVd 23rd NOV 2002
PP Stamped DEC 2 2002
 
Sorry to hear about the tragedy.

If you are lucky, you won't get an RFE (for Payslip, job letter, etc.) or local transfer. In that case, there should be no problem. However, in case of local transfer or RFE related to principal applicant might jeopardize your petition.

I have no idea whether NYC local center still issues AP - better to visit them and inquire. Probably they will. Don't ever mention about the sad accident to the INS (VSC) or to the local center for getting any expedited service - if you wish, you may cite other reasons for urgency.

If you have H-4 or any other visa that is still valid, you don't need AP to return to the US. If qualified, look for appropriate job where the employer might sponsor you for H-1B and green card in future if your current I-485 happens to face any problem (you can work on EAD till then).

Though it's very easy to say as a third party, try your best to keep cool and face the situation bravely. Our prayers are with you.

Best wishes,

Jigesh
 
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I'm sorry to hear that . unfortunately , my friend who is French was in a similar situation . His son who was an American citizen(born here) , had filed for his residency but then died in an accident . My friend tried everything including speaking to a senator , but they refused to grant him the residency. He now is on a working visa here .
Just hope to get no RFE's and sit still .

- sai
 
Hang in there

I am so sorry to hear your tragedy. I agree with others that first thing first is to get a very good lawyer to represent you. Don't volunteer any information to INS unless you are asked to do so in a RFE situation. I think you should definitely start looking for jobs that can sponsor you for GC just in case you get interview. Be carm and hang in there. Try to be flexible.
 
"our turn?????" Could you give me your lawyer's information?
Thanks for all the replies posted here. I feel better, at least I am not alone.

I am a ph.D student in biology field with F1 visa. I am going to finish my degree around next september. So I can't get H1 visa in the short time. I have to finish my ph.D., not for myself and also for my dear husband. He put so much effort into my study. I haven't gone back to China since I came into this country 5 years ago. My parents and brothers in China are so worried about me now. I am going to local INS office in lower manhattan today to find out if they issue me one day AP. At the mean time, do you think if I can legally use my F1 visa for travelling while I-485 pending? By the way, I don't have children.

Thanks again for all of you.

RD: 11/23/01
ND: 12/12/01
FP: 1/23/02
AD:????????
 
I'm sorry to hear about your loss.

I don't think it is advisable for you to travel on your F1 visa. I'm on F1 visa too. When my husband filed for I485, I was told by his attorney that I CANNOT got out of the country while my 485 is pending.
 
Luk12,

I am really sorry for your loss. One concern, does one still keep his/her F-1 status or become adjustee status after filing I-485? Since F-1, not like H-1/L-1, does not allow the person to have intention to immigration. As other people mentioned, the best advice now is to consult a good immigration lawyer first. Take care.
 
I am very sorry to hear about that.

Since your husband is the primary applicant of EB1, if INS issue a RFE, it could be a problem. I heard that for employee based case, One can use other one's unused LC to apply I-140 if they do the same or similar work.

It looks you are a PHD student. I am wondering if your background is similar to your husband, sould it be possible you become the primary applicant. I have not heard such kind of story for EB1 case so far.

It is better to consult a good attorney.

Good luck to you.
 
Luk12

I am very sorry to hear about this.

About travelling back to China, please DO get an AP before you travel. There is exception for H1 holders travelling outside USA without AP, but not for F1 holder.

I think gc_dec's opinion is a very good one, worth trying if possible.

If you are on F1 now (never applied/used EAD), stay on F1, do not apply for EAD, if you switch to EAD and if I485 is denied (Hope this will never happen), you are subject to removal. But if you never used EAD, then you'll be back to F1. And then complete your study and you can find a job with H1 in the future. Just like what your husband did in the past.

BTW. I am also chinese.
BE STRONG! And you'll be okay.

P.S. Can anyone else provide information about if using AP to re-enter, can she go back to F1 if the I485 is denied? please. I remeber EAD, but not clear about AP.
 
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luk12

Sorry about loss of your husband. I think the best thing to do is hiring a lawyer to discuss all option you have. Using the AP to travel is not safe in your case. EB1 has higher percentage to get interview call now, if you get call, they can reject your I-485 in that case you will lose even F1 status. The best thing is ask you school issue some support documents to explain the intention of this trip, so you can go to American Consulate in China to request a reentry F1 visa. I think the consular should issue your F1 vsa based on humanrity. If not you can always fight for it, if you have full scholarship, you shouldn't have much difficulty to get it.

Best luck in your future life.
 
I'm so sorry to hear that, luk12.

First at all, please consulate an immigration laywer. Compaqdb is right, don't use AP to travel, otherwise, you'll lose F-1 status upon your return to the US. We'll pray for you. Stay strong.

--peter.
 
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