Helping a friend

Hey guys,
I have an unusual case to solve. It is about my Uncle's friend. I am just trying to help them out with help from you friends here. I hope you guys can help as always. Okay here is the case breakdown. Uncles friend leaves for India while his AOS case is pending here in the US and without using his brains or asking anyone takes off to India WITHOUT ADVANCE PAROLE his argument was that since he has applied for AOS and his wife is USC the receipt of AOS would be enough to prove that he has ties in the US and that he has a status and he is legal. Now I know how stupid and negligent this man was but he left for a REAL BIG reason (his dad was in the final stages). Now the result is the man is stuck in India and his USC wife and child are here in the US going door to door. My question is can he apply for any visa? Bottom line is there anything that can be done? As far as my knowledge goes I don't think he will get a visa in India since he has already shown an Immigrant intent. But then may be I am wrong. Of course worst to worst his wife and child will move to India I guess. Any help would be really appreciated. I am sure we ALL will be blessed if we reunite such families. GOD HELP US ALL.

V Rao

Hey guys,
I have an unusual case to solve. It is about my Uncle's friend. I am just trying to help them out with help from you friends here. I hope you guys can help as always. Okay here is the case breakdown. Uncles friend leaves for India while his AOS case is pending here in the US and without using his brains or asking anyone takes off to India WITHOUT ADVANCE PAROLE his argument was that since he has applied for AOS and his wife is USC the receipt of AOS would be enough to prove that he has ties in the US and that he has a status and he is legal. Now I know how stupid and negligent this man was but he left for a REAL BIG reason (his dad was in the final stages). Now the result is the man is stuck in India and his USC wife and child are here in the US going door to door. My question is can he apply for any visa? Bottom line is there anything that can be done? As far as my knowledge goes I don't think he will get a visa in India since he has already shown an Immigrant intent. But then may be I am wrong. Of course worst to worst his wife and child will move to India I guess. Any help would be really appreciated. I am sure we ALL will be blessed if we reunite such families. GOD HELP US ALL.

V Rao

Any solution may be complicated by whether or not this 'friend' had accumulated unlawful presence or some other ineligiblity while in the US. Since his AOS is not completed, he is not an LPR and therefore cannot apply for a B2 visa as a spouse of a USC (which is possible under some circumstances) - right now, he has NO status - his AOS has now come to a grinding halt and it is very doubtful he will qualify for a tourist visa.
His spouse could come to India, file the I 130 there and restart the process - this might only take a few weeks (and she only has to stay there a few days to file papers, etc) - depending on the embassy workload. But if he has other immigration problems (fraud, overstay, etc)things could get sticky. But he is not a bona fide tourist nor student and it is too late for a fiance visa...

assuming this "friend" has never been out-of-status, his wife will have to go to India and apply at the US embassy there. All she has to do is to convince consular officer that the "marriage" is genuine.

Hey guys,
Thank you so much for the information that you guys provided. It certainly keeps alive a ray of hope for his family. I did not know that my uncle's friend could apply for a visa in India if his wife showed up at the US consulate. Well I am sure his wife would be relived with this new data. Thanks to my friends at ILW. Now coming to my case I was wondering can I enroll in school while I am awaiting my AOS interview? My US F1visa and I-20 both expired on Dec 2001.would I still be considered as a International Student or LPR? Thanks a lot guys

V Rao

Hello Guys? anyone here to answer?

Hello ?? anyone? answers please????????

Well the best visa he would be eligible for (to my knowledge) is that of an immigrant visa, or a visa for a person with intent to immigrate... a spousal visa.

Depending on the situation he may or may not need to file a waiver in conjunction with this.

His wife should not expect this to be a simple and short process.

You should be able to enroll at school in some way shape and or form. I assume that you are talking about enrolling in a university. If so, they most likely have an office for international students that can directly help you to go through the process in the best way possible. Just call the information line at the school and ask them to strnsver you to the international student center (there they will tell you how you would enter, whether you need a visa, etc. etc. etc.)

http://members.lycos.co.uk/usimmigration

Hi Guys,
Well it is May 7th 2003 and I am back from Miami. Flying for the first time after 9/11 was really making me nervous and I am so happy that everything was fine (I mean security, flight, baggage etc). Thanks to all you guys out there for your support and help in letting me know what documents I had to carry and to take it easy. Well I am getting ready for Hawaii now and I hope that would be fine too. Keep up the good work guys and GOD BLESS US ALL.

VRao