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Thread: Travelled WITHOUT AP due to urgent family matter, now STUCK and NEED YOUR assistance!

  1. #1
    Guys and gals, need your help URGENTLY.

    Here is my scenario, my wife and I have been married for almost 3 yrs now with 485 and 130 pending. We had an interview date couple of months back but due to personal circustances, we could not make it and requested a reschedule. Meanwhile, I had a personal emergency and had to the leave the country to go home to my family immediately without having anytime to get an AP as it was extremely urgent. I figured I can get an AP while I am overseas, anyway while I am overseas we got a letter from DOH that our 485 app. has been CLOSED because we didnt make it to the interview even though we sent a letter they said we didn't give an EXACT reason why we are missing the interview.

    Long story short, HOW do I Get bcak into the USA? How do I re-open our file? I have already sent them a letter requesting a file reopen. Can I get an AP while I am overseas? How can I get back into the us? Is there anything else like a posible travel/boarding document I could get? Please advise ASAP and thank you VERY much. God Bless.

  2. #2
    Guys and gals, need your help URGENTLY.

    Here is my scenario, my wife and I have been married for almost 3 yrs now with 485 and 130 pending. We had an interview date couple of months back but due to personal circustances, we could not make it and requested a reschedule. Meanwhile, I had a personal emergency and had to the leave the country to go home to my family immediately without having anytime to get an AP as it was extremely urgent. I figured I can get an AP while I am overseas, anyway while I am overseas we got a letter from DOH that our 485 app. has been CLOSED because we didnt make it to the interview even though we sent a letter they said we didn't give an EXACT reason why we are missing the interview.

    Long story short, HOW do I Get bcak into the USA? How do I re-open our file? I have already sent them a letter requesting a file reopen. Can I get an AP while I am overseas? How can I get back into the us? Is there anything else like a posible travel/boarding document I could get? Please advise ASAP and thank you VERY much. God Bless.

  3. #3
    No, you cannot get an AP while overseas (the form is an ADVANCE parole not parole after I've left). You are required to provide a valid reason for rescheduling. If you provided no reason CIS was within their rights to deny your case. You can file a motion to reopen (and pay the proper fee) requesting that your case be reopened but that won't get you back in the country. Until your case is reopened or you refile you are not eligible for an advance parole. AP is only available to people with a pending I-485 and yours was denied. Also, if you were out of status for more than 6 months before applying you made yourself subject to the 3 year bar or the 10 year bar if you were out of status more than a year.

  4. #4
    Someone12
    Guest
    No, no and no. You should have thought of AP sooner...and none of this would have been necessary if you had obeyed the terms of the tourist visa you likely used (and lied to get) to enter the US 3 or 4 years ago.
    You cannot ask for AP from outside the US and I doubt our embassy will get fooled again and give you a tourist visa, nor are you entitled to any sort of transportation letter since you have never been a LEGAL permanent resident. Oh well. This is what happens when people don't obey the laws.

  5. #5
    wow, HOLD OFF On the anger and accusations (SOMEONE12)!! Entered as TOURIST? Stayed out of Status? Been here 3 to 4 yrs? Where are you getting all this info bro? I been in USA for MANY years LEGALLY working and paying taxes. YES I know i needed to get AP BEFORE I leave THUS called ADVANCE parole, however with family emergency waiting 30-60 days was NOT an option so did NOT have a choice. Simply requesting assistance and information not finger pointing and accustaion without you have ANY info.

    Anyway, Bronzelady we have sent them a letter requesting to re-open the case. HOw do we find out the status if it has been re-opened? Any speical forms need to be filled out? Can I travel back into use on visit visa? Thanks for all the assistance.


    Cheers!

  6. #6
    AK278,

    Don't pay attention to what someone12 says - if you read this board before you would have known that Someone12 is an angry seriously disturbed half-wit tormened by the "idee fixe" concerning immigrants. Being an immigrant himself, he nevertheless looks for "illegals" probably even under his bed.

  7. #7
    AK278,
    You can't travel on a tourist visa while you've an LPR case pending. Having that indicate intent to immigrate which negates the reason for tourist visa.
    If you're from DCF eligible countries, then I would recommend following that route rather than waiting for USCIS to reopen your case (no guarantee it'll be reopened).

  8. #8
    Someone12
    Guest
    sound advice from Boris Chernobyl....
    sorry ak278, but something is amiss....you have had ample time to get your borscht together.
    You are not a 'visitor' and could not get a visitor visa because by definition you would have to prove that you were going to leave the US after a visit instead of stay put. Oops. Gosh, I bet ole Boris or Byasha didn't think of that.
    And another factoid, Byasha, as an American citizen who fought in VietNam (while you were hiding under your bed) I only want people here who respect and obey our laws - nothing more.

  9. #9
    Someone12,

    You crazy f-u-K.. I thought we already established long before that "12" in your nickname stands for your actual age, as evidenced by the level of your comments. That precludes you from being a Vietnam veteran or any veteran, for that matter. Not that anyone cares anyway.
    Take your medicine - your dilirium is getting out of hand again.

  10. #10
    Someone12
    Guest
    Wow, who elected you the Grand Poobah of the Universe, Boris, er, Byasha?
    You offer nothing to this site except useless commentary that has no foundation in fact.
    I was defending America long before you learned how to play with your teeny tiny dik.

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