Help! Abandonment of application while in Adjustment of Status (I-485)

Discussion in 'Family based immigration' started by Georginawhittingham, Mar 17, 2011.

  1. Georginawhittingham

    Georginawhittingham Junior Member

    Please someone advise me. My American husband of 4 years aplied for green card for me (wife) and my two sons in October 2010. We were married in 2007 when the sons were 15 and 16,. My sons are here in college on valid F visa. We went for the interview 3 days ago(March 14), I got the green card aproved and one of my sons was denied. He (the son) traveled to Canada with his college friends for 2 days after we applied for adjustment of status. We did not know he cant leave the US while our application pending, that it means abandonment. He is 19 years old and has valid passport, visa and I-20. On the interview when he was told that he "abandoned" his application, he almost fainted. We did not know. It was a college trip. The immigration officer at the interview told us we have to reapply. What does this exactly mean? We have to file all the papers again,medical exam,fingerprinting, everything?
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Help! Abandonment of application while in Adjustment of Status (I-485)

    Any departure from the US while an AOS application is pending constitutes an abandonment of the application, unless you have advance parole, or an H or L visa. Your son must reapply for adjustment of status. He may or may not have to do a new medical exam, depending upon how old the exam results in the file are.
  3. Georginawhittingham

    Georginawhittingham Junior Member

    Re: Help! Abandonment of application while in Adjustment of Status (I-485)

    Thank you very much for the reply. My husband applied originally for us (including my son).. So it is the same procedure? All the paperwork and filing fees?? I-130, Biographic info, doctors visit ( the doctor visit is 6 months and 1 week old), and fingerprinting?
    Do we have to wait for the letter informing my son about this decision or can we start now? And finally but most importantly:how long is this going to take, he has to go for another interview? He is just a 19 year old college kid who went to Niagara falls for the weekend.It is really terrible delay.
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Help! Abandonment of application while in Adjustment of Status (I-485)

    Medical results are valid for a year, so you shouldn't have to resubmit them. Otherwise, everything else is the same. Personally, I think that they are being petty under the circumstances. I've seen situations where they have retroactively granted advance parole. No one would be harmed if they did that here.
  5. Georginawhittingham

    Georginawhittingham Junior Member

    Re: Help! Abandonment of application while in Adjustment of Status (I-485)

    Hi

    I am very grateful for your kind words.I was shocked when i heard this on the interview.I think our lawyer should have warned us. I never heard of advance parole before.. But in any event, the funny part was that they did not ask one thing from me or my husband. Nothing. Like where did you meet, where do you live and stuff.The interviewer told me in the first 3 minutes that I was granted a green card.But that has no meaning without our son who is still a kid.Hopefully it will work out...Thanks again!

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