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Wife's Father Gravely ILL Can she go home for emergencies?

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  • Wife's Father Gravely ILL Can she go home for emergencies?

    I'm a USC. She is a Canadian. We filed our I-130/I-485 over a year ago, and had our interview at the Miami office in May of 2006. I've been pinging them every two weeks but keep getting told that the case is being reviewed.

    Her Mom called her last night with the news of her Father's illness and she is a wreck.

    Will State Department provide her re-entry under these exigent circumstances? Please advise...

  • #2
    I'm a USC. She is a Canadian. We filed our I-130/I-485 over a year ago, and had our interview at the Miami office in May of 2006. I've been pinging them every two weeks but keep getting told that the case is being reviewed.

    Her Mom called her last night with the news of her Father's illness and she is a wreck.

    Will State Department provide her re-entry under these exigent circumstances? Please advise...

    Comment


    • #3
      Does your wife have a valid advance parole? I assume she was not here on an H or L visa, so without an Advance Parole, she would not be permitted to leave the country without her adjustment of status application being considered abandoned. There is no humanitarian provision for avoiding this occurrence, unfortunately.

      This is one of many scenarios that highlights how ridiculous, cruel, arbitrary, and hypocritical our immigration system as currently comprised is.

      I would check first of all if her father may be at the point where he could die imminently. If it can wait for a couple of weeks for an info-pass appointment, you should make one with the local Service Center, and upon going, ask to see the supervisor to explain exactly what is going on and that you need her case approved and stamped right now.

      If it can't wait for even an appointment to get some sort of status update, then it's time to make a difficult decision. If she leaves, the immigrant visa petition (I-130) is still perfectly valid, and she could pursue consular processing for the immigrant visa. You'd need the original approval of the I-130 or to file an I-824 with the Service requesting notification of approval to the Consulate. It would mean separation of several months, 5, maybe more. But I would probably think such a sacrifice would be worth it if she needs to be with her father in his last moments.

      Good luck.

      Comment


      • #4
        Be very careful!!!

        If she has any unlawful presence accrued in the United States, she will be subject to a three-year or ten-year bar, EVEN IF she has advance parole.

        Comment


        • #5
          Was she adjusting from a tourist visa, or visa exempt?
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment

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