Abandoning Green Card Application
I’ve applied for permanent residency for my daughter who’s 12 through AOS while on ESTA. I-30 is approved but the decision to grant her LPR could take up-to 13 months according to USCIS.
Family emergency means that she’ll will have to go back to the UK for a while. what are the ramifications of abandoning the application? Can she still visit on ESTA or strictly visa now? Will visa be granted given the fact that we applied AOS while on ESTA? Thank you |
Re: Abandoning Green Card Application
Originally Posted by red_onion
(Post 13194025)
I’ve applied for permanent residency for my daughter who’s 12 through AOS while on ESTA. I-30 is approved but the decision to grant her LPR could take up-to 13 months according to USCIS.
Family emergency means that she’ll will have to go back to the UK for a while. what are the ramifications of abandoning the application? Can she still visit on ESTA or strictly visa now? Will visa be granted given the fact that we applied AOS while on ESTA? Thank you |
Re: Abandoning Green Card Application
How long has she been in the US, has she overstayed her 90 days?
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Re: Abandoning Green Card Application
Originally Posted by karenkaren1
(Post 13194031)
I never knew it was possible to do AOS whilst in ESTA status.....
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Re: Abandoning Green Card Application
Op, your best bet is to apply for emergency Advanced Parole. See here: https://www.uscis.gov/greencard/gree...mergencytravel
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Re: Abandoning Green Card Application
She has been in the US for 5 months now. No she didn't overstay. We applied just before the 90 days ESTA expiry.
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Re: Abandoning Green Card Application
Originally Posted by LT1
(Post 13194052)
Op, your best bet is to apply for emergency Advanced Parole. See here: https://www.uscis.gov/greencard/gree...mergencytravel
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Re: Abandoning Green Card Application
Originally Posted by red_onion
(Post 13194099)
She has been in the US for 5 months now. No she didn't overstay. We applied just before the 90 days ESTA expiry.
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Re: Abandoning Green Card Application
Yes, a consultation is in order. However, can you advise why you didn't file for AOS at the same time you filed the I-130 for your daughter. If she was inside of the US and you filed the I-130 for with the full intent that she was going to remain in the US to adjust status, while you were taking a big chance on doing so, you should have filed the I-485 and accommodating forms along with the I-130. They would have been adjudicated together.
Since you haven't filed the I-485 for her, she is not abandoning her green card application because one has not been filed. All that has been filed as per your post is the petition for an Immediate Relative Visa which if she returns to her own country she can finish there. The issue is that yes, she has been in overstay since her 90 day VWP expired. An attorney can help her with filing for a waiver of inadmissibility when her visa is denied due to overstay. You disregarded rules and regulations so far why are you willing to now abandon the still ongoing process for an immediate relative visa and adjustment of status? |
Re: Abandoning Green Card Application
Originally Posted by red_onion
(Post 13194099)
.... No she didn't overstay. We applied just before the 90 days ESTA expiry.
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Re: Abandoning Green Card Application
Originally Posted by christmasoompa
(Post 13194105)
I think you need to consult with a lawyer. The link given above specifically says departure from the US may trigger inadmissibility if she's accrued unlawful presence, even with AP - I don't know if filing excuses her overstaying the VWP, but there's a risk here and I'd personally be taking proper legal advise.
I find it curious that OP states that the young person has been in the US five months but less than 90 days. The main case on advanced parole and adjustment is Arrabally. Yes, the opinion is confusing. It notes the disagreement by the administrative authorities. Despite the decision favorable to non-citizens (which is wonderful), I personally agree with the dissent. I can easily see Arrabally go by the wayside. |
Re: Abandoning Green Card Application
Originally Posted by S Folinsky
(Post 13194150)
.... I find it curious that OP states that the young person has been in the US five months but less than 90 days. ....
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Re: Abandoning Green Card Application
Originally Posted by christmasoompa
(Post 13194105)
I think you need to consult with a lawyer. The link given above specifically says departure from the US may trigger inadmissibility if she's accrued unlawful presence, even with AP - I don't know if filing excuses her overstaying the VWP, but there's a risk here and I'd personally be taking proper legal advise.
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Re: Abandoning Green Card Application
Originally Posted by Rete
(Post 13194136)
However, can you advise why you didn't file for AOS at the same time you filed the I-130 for your daughter.
Originally Posted by Rete
(Post 13194136)
An attorney can help her with filing for a waiver of inadmissibility when her visa is denied due to overstay.
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Re: Abandoning Green Card Application
Originally Posted by red_onion
(Post 13194100)
Does emergency Advanced Parole will help for multiple entry while LPR application is pending or is it just a one time entry permit?
Did she apply for regular Advance Parole with her Adjustment of Status application? (I-765 for EAD and I-131 for Advance Parole is free for I-485 applicants.) |
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