My husband left the country while his I-485 (adjustment of status) and I-131 (travel document) was pending!?

Question

My husband left the country while his I-485 (adjustment of status) and I-131(travel document) was pending! Is he allowed back into the country? How can we resolve this? I want him back!!

Answer 1

I would say if he cannot return, just join him wherever he is. Is he allowed back into what country?

Answer 2

Well, he created a HUGE problem for you all.  (I'm just stating the obvious because my husband did the same thing, don't take offense.)  You don't have much of an option other than to file an I-30 for him now and get him back like that because all of your previous work is now no good.  I hope he has a clean record, if not you're really screwed...sorry!

Answer 3

Right on the instructions for the Advanced Parole, you are told:

If you travel before the advance parole document is issued, your application will be deemed abandoned if:

A. You depart from the United States; or

B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.

It sounds like your husband left the U.S. before a decision was made on his I-131 application which means that application is considered abandoned.

You can resolve this dilemma in order to get him back by using Form I-824 requesting that USCIS send your approved immigrant visa petition to the U.S. Department of State's National Visa Center (NVC).Check Box D. This is to request USCIS to send your approved immigrant visa to the U.S. Department of State through the NVC.

After you have done that, he can get his immigrant visa at a consulate outside the U.S.