Petition Abandoned

[Geordie]

I recently received notice that my I-485 Petition was abandoned because I left the Country without first getting Advance Parole (my father passed away unexpectedly). Does anyone know whether I can re-enter the U.S. based on my I-130 approval which was in 2002? Thanks so much.

[Geordie]

I recently received notice that my I-485 Petition was abandoned because I left the Country without first getting Advance Parole (my father passed away unexpectedly). Does anyone know whether I can re-enter the U.S. based on my I-130 approval which was in 2002? Thanks so much.

[Sugarpuff]

You can not reenter the U.S. on an I-130 as this is not a visa. Furthermore you are not eligible for a non immigrant visa. You will have to refile the I-485 based on consular processing.

Should have got the advance parole

[Geordie]

Has anyone had any experience filing a Motion to Reopen (under Section 103.5) when a I-485 petition declared abandoned?

[marmaduk]

Regulation clearly indicates that leaving the country without 1st securing AP would cause the AOS to be considered abandoned. What would be your ground for appeal?

[Sugarpuff]

I hope people pay attention to Geordie's plight as this is one of the biggest missteps an alien can make while trying to secure permanent residency.

You leave for what you think will be a temporary abscence instead you find yourself locked outside of the U.S for years until your consular processing has been completed.

What will happen to your apartment and possesions?

What will happen to your job?

WHat about your accounts and other financial resources?

I certainly don't mean to add stress to Geordie but I really don't think many people understand the consequences of such a seemingly benign act.

[sup]

If you left the country without obtaining Advanced Parole your I-485 is considered *abandoned*. There's no appeal for that.

To re-start the immigration process you first must file form I-824 - Application for Action on an Approved Application or Petition. After this form is approved your I-130 will be forwarded to the National Visa Center (NVC) and to the embassy/consulate for an immigrant visa interview. Time wise it could take up to a year from filing I-824 to an interview.

Cheers.

[Sugarpuff]

Sup or anyone else,

Is it correct that he can only use the I-824 if he is still working for the employer that filed the I-130? Does portability apply in such a situation or does portability only apply to in-country adjustment? Thanks

[sup]

Sugarpuff, I-130 can only be filed by a relative (spouse, parent, child) who want to qualify a relationship for the immigration purposes and is eligible to file. I-130 is an Alien Relative Petition. It has nothing to do with employment thus 'portability' issue(s) do(does) not apply. Filed/pending I-130 does not change beneficiary's status from illegal to legal nor does it work in place of a visa.

Cheers.

[Hudson]

Geordie,
I was curious if you have talked with the embassy or consulate. There may be a way for you to get back into the US and have your wife re-file the application. I would recommend that you bring the necessary documents about your father's death, including death certificate, hospital records, and doctor's statements to the embassy with which a temporary visa could apply. Additionally, any information about your employment, records, tax returns and other documents indicating your obligations under the marriage visa were being fulfilled. I think this would help, but not necessarily be automatic.

[Sugarpuff]

Please keep us posted on what happens, I think it will help a lot of other people

[Geordie]

Thanks to everyone for suggestions. I will definitely keep you posted.