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  • allow me to vent

    I am really upset. I met a great woman who was here legally. She was never here ILLEGALLY. She was from Panama. We married. We filed to adjust her status, for Advance Parole, for her work card - all that. But she had to leave to go back to Panama because of a family emergency before receiving advance parole. And now, she can't get back? this is just ridiculous. This is my wife we are talking about. Don't I have the right to have my wife with my in this country? Am I missing something? Why is this so difficult. This is a wife of a U.S. citizen ... she wants to come back to be with her husband ... that should be the end of story.

  • #2
    I am really upset. I met a great woman who was here legally. She was never here ILLEGALLY. She was from Panama. We married. We filed to adjust her status, for Advance Parole, for her work card - all that. But she had to leave to go back to Panama because of a family emergency before receiving advance parole. And now, she can't get back? this is just ridiculous. This is my wife we are talking about. Don't I have the right to have my wife with my in this country? Am I missing something? Why is this so difficult. This is a wife of a U.S. citizen ... she wants to come back to be with her husband ... that should be the end of story.

    Comment


    • #3
      yes, it should be like that but it is not. Like many times in life.

      A person with immigrant intention (your wife) shouldn't be able enter the USA without the immigrant visa. A little exception is made for those who are waiting for AOS: they can be paroled (not admitted) into the US if they have AP. I was explained that, in the eyes of the law, paroled person is treated like he/she is still standing at POE and waiting for AOS. Only when AOS is approved, he/she is allowed to enter (admitted) as immigrant/permanent resident... and that's because of the starting points of the law: immigrant intent without immigrant visa = no entry.

      I know this will not help much, but it may help to understand why it is the way it is.

      Comment


      • #4
        you don't have the "right" to have her in this country. She has to have an immigrant visa, not a tourist visa.Those are the rules. Where does it say in our Constitution that you have theright' to bring anyone you want into the US? Please...find that "right"...

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by tap:
          I am really upset. I met a great woman who was here legally. She was never here ILLEGALLY. She was from Panama. We married. We filed to adjust her status, for Advance Parole, for her work card - all that. But she had to leave to go back to Panama because of a family emergency before receiving advance parole. And now, she can't get back? this is just ridiculous. This is my wife we are talking about. Don't I have the right to have my wife with my in this country? Am I missing something? Why is this so difficult. This is a wife of a U.S. citizen ... she wants to come back to be with her husband ... that should be the end of story. </div></BLOCKQUOTE>

          hi tap
          maybe you should have gotten some Info before your wife left is hard I know but I think the only way you get her back over here is with a I 130

          Comment


          • #6
            Where in the Constitution does it say that you are NOT allowed to have your spouse here without a visa? Where in the Constitution does it say that you cannot drive without insurance? The Constitution is not instrumental law but a fundamental guideline to restrict, support and control all regulatory legislation. The Constitution sets limitations and define the nation by principle, federal law regulates conduct and it's limmited by the Constitution. This is a matter of federal law.
            I completely understand your situation because, at the very least, the immediate family of a citizen has to count for more than a resident of some nation enjoying protected status and other automatic benefits without merit or apparent benefit to any American interest. It's a paradox that authorities claim national security when separating an American family and at the same time expand protected status and grant benefits to "entire nations" who are hostile to the U.S. and even belong to the State Department's list of countries that sponsor terrorist activities. Very little has been done in to help the relatives of citizens, public laws like the marriage fraud protection act provide the right approach to enforce the law while protecting families. Other initiatives in Congress now also contemplate provisions to help immediate relatives but much more needs to be done.
            Obviously getting married is not a crime and it's an act that's Constitutionally protected. At the very least, the Constitution does protect freedom of association. When a citizen is forced to choose between family and country because of an association that does indeed create a constitutional issue. The Supreme Court has recognized that "any law punishing drug addiction, a disease, as a crime would create cruel and unusual punishment", any law that by artifact punishes citizens for mere association by forcing them to chose between family and country has to be questioned as legislation that conflicts with the primordial letter of the law.

            Comment


            • #7
              Ok my point of view here. Someone12, don't act silly would you? Tap mentioned that they did file an advance parole and didn't wait for it. That a very bad move. You don't have to give him a hard time, be mindful of tap's state of mind and feelings right now

              NEVER EVER leave without a parole. As some have mentioned here, you cannot ener with a B1/B2 if you have a pending case wihout a parole. You may want to pay a little visit to a ditrict office or she will have to go to her local US Embassy in Panama.

              Good luck

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by E-Killer:
                ... She will have to collect the AP from US Consulate in Panama </div></BLOCKQUOTE>

                Unfortunately, it doesn't work that way. Alien with pending AOS has to have AP in hand before leaving the US.

                Tap, did you try to ask for emergency AP at local USCIS office before your wife left?

                Comment


                • #9
                  dear Ghost: I don't give a rat's behind about the OP's situation....his wife was REQUIRED to possess AP before leaving the US....those are something called RULES....and our Constitution does not grant any of us the RIGHT to bring anyone to the United States of America....period. If that were true, there would be NO need for any sort of visa for the alien spouse.....duh.....figure it out, morons.

                  Comment


                  • #10
                    With all due respect, the Constitution does not grant any person the right to drive, it's state law that does. Federal law works in very much the same way, restricting the arrival of aliens according to certain parameters.
                    The 2nd ammendment gives a person the right to bear arms, "the right of the people to keep and bear arms shall not be infringed" (The Bill of Rights) but federal law (as regulation) strips convicted felons of that very same right (and other civil liberties). The 1st amendment provides for freedom of speech and assembly, but Federal law restricts those rights not to include slander, obcene material, child prornography and violent protests with no "political, artistic or scientific value". Do not confuse Constitutional issues with Federal Law as they are related but distinct instruments.
                    In the present case, the Constitution could prohibit marriage or association to a foreign person but it does not. Absent that prohibition, it's an implicit right, and Federal Law regulates such right in its own way. The FACT that a U.S. citizen may not be forced to chose between country and family without more is reinforced by the several protections afforded by statute to immediate relatives.
                    The OP is mentioning a different situation, the fact that USCIS approves "unusable" advance parole applications without a trace of warning about the real implications of its usage. CIS is DIRECTED to warn all applicants during an interview of potential consequences of misrepresentation, failing to do so would be considered unethical. But failing to warn about unusable advance parole applications seems is sometimes common practice and, even absent any intent or malice, could be considered reckless or even unethical.
                    The interests of those who lightly use the words "American values" and "a nation of law" are best served by a reminder of the words in the very document that defines the United States as a free nation:

                    "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness."

                    I failed to read the words "citizen" or "legal permanent resident" in the previous paragraph.

                    Comment


                    • #11
                      note the key word -- "pursuit" -- it says nothing about acquisition.

                      Comment


                      • #12
                        Someone12. I think if you can read well he said, family emergency, she had to go. Tap can't get his wife back now show some sympathy instead of your constitution talk and name calling. Remember you're not feeling his pain. This board is a place for solutions and compassion to people's dilema.

                        Comment


                        • #13
                          and that is because there are rules to follow....if our government bought every story from those who wanted to leave the US for some alleged medical emergency, it would nullify the actions of AP. Besides, her presence in the US implies she arrived with a tourist visa and "forgot" to go home, like she promised when she received said visa.
                          Solution? Follow the law. Period. End of story.

                          Comment


                          • #14
                            To you eveything is black and white? I think we all know the rules. A lot of marriages happen when the person is here on a B1/B2. People meet, people fall in love and they get married. The poor guy doesn't have to be penalised that way. This is a legit case and there is no story or lie to tell here.

                            So once again show some compassion. The guy needs hope and support/advice not bashing.

                            Comment


                            • #15
                              Ghost: so how do you "know" that his wife didn't lie or commit fraud to get her tourist visa? or lie to our border officials when she arrived in the US? Or that there really was some kind of medical emergency? How do you "know" with a 100% certainty????? Where did you get your crystal ball?
                              We have rules and laws for a reason....someone in adjustment of status loses that process if they leave the US unless they receive AP....period....no matter what stories they tell....otherwise, as I said, everyone who wanted to avoid the AP process would just lie and say they had to visit a sick relative in their home country.....this is such a simple concept....but then, it was obviously too much for you to comprehend....(no surprise there)

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