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adjustment of status has been denied but still has valid visa can he come back.?

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  • adjustment of status has been denied but still has valid visa can he come back.?

    dear folks.

    friend of mine enter in to usa with legal entry and he got married with us citizen.

    they filed for his adjustment of status and in the meantime his father died back home he applied for emergency parole and went to his country and he came back from there and start having problem with his wife and she never went to any immigration interview with him and their case denied he got disappointed and left the usa and now he wants to come back his multiple visa is still valid till 15th of august but his marriage case has been denied and his parole has expired too can he come back to usa with his multiple visa which is still valid till august 15th or he could never come back now.
    any help will be appreciated.
    thanks

  • #2
    dear folks.

    friend of mine enter in to usa with legal entry and he got married with us citizen.

    they filed for his adjustment of status and in the meantime his father died back home he applied for emergency parole and went to his country and he came back from there and start having problem with his wife and she never went to any immigration interview with him and their case denied he got disappointed and left the usa and now he wants to come back his multiple visa is still valid till 15th of august but his marriage case has been denied and his parole has expired too can he come back to usa with his multiple visa which is still valid till august 15th or he could never come back now.
    any help will be appreciated.
    thanks

    Comment


    • #3
      hey shan,
      I think when anybody applies for adjustment of status all other non-immigrant visa gets cancelled automatically, but I'm not too positive about this, hopefully other members will pitch in, so I'm ***ping your thread up!

      Comment


      • #4
        He can try, but should be prepared for a lo ng converstaion about his intent.

        Comment


        • #5
          The best course of action, especially given that the original tourist visa has almost expired, would be to apply for a new B1-B2 tourist visa.

          If granted, then he knows that he is authorized to apply for entry to the United States. If he tries to enter with the existing visa...well, I'm not sure that I'd personally take that chance.

          I also am of the belief that application for AOS and advance parole cancels all existing visas.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Shan:
            dear folks.

            friend of mine enter in to usa with legal entry and he got married with us citizen.

            they filed for his adjustment of status and in the meantime his father died back home he applied for emergency parole and went to his country and he came back from there and start having problem with his wife and she never went to any immigration interview with him and their case denied he got disappointed and left the usa and now he wants to come back his multiple visa is still valid till 15th of august but his marriage case has been denied and his parole has expired too can he come back to usa with his multiple visa which is still valid till august 15th or he could never come back now.
            any help will be appreciated.
            thanks </div></BLOCKQUOTE>
            Because he left, case was abandoned. However,spouse will need to reapply for AOS.
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

            Comment


            • #7
              Has he at any point while in the USA been out of status (before applying for AOS or after denial)?

              Comment



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