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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95463
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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RE-ENTRY IN US

Customer Question

I left US 3 weeks to visit my family in India. I was on a F-1 visa when i entered the US. I got married there and applied for i-485, i-131- travel document (Which i thought was going to be enough for re-entering, I had given my biometrics and had received receipts for my i-765 and i-131 travel document). I was still going to school but my school told me not to update my sevis and F-1 as i was applying for residency. I was denied entry yesterday in the US and had to withdraw my application for admission. My wife's still in the US and she can't come to India because she requires a visa as well which takes time. I have to be in the US as soon as possible to be with my wife, what could i do? Will this jeopardize my application for residency any how? 

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

This is very strange. You had an approved I-131 Advance Parole with you? Or was it an I-131 Re-Entry Permit or I-131 Travel Document? There is a difference. They are all applied for using the I-131. I need to know which you applied for and if you left the U.S. before or after approval.

Customer: replied 1 year ago.

I got a receipt form I-797C notice of action of the i-131 application for travel document. I don't think I applied for an advance parole. I had only applied for the i-131 form. I'm attaching pics of what i got from them. It says "ACTION COMPLETED APPROVED FOR FILING" with red stamp on it


Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

So basically, you left with just a receipt and not an approval? "approval for filing" is not an approval. That just means that they accepted the application. I have to tell you that this is not looking good and I may have some bad news for you. Please do not shoo the messenger.

Customer: replied 1 year ago.

on the USCIS website the i-131 was on the card/document production step. I waited for that card for two months but got nothing in the mail. I called the USCIS and they told me the stamp will be enough to re-enter

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, obviously they were wrong. So I believe two things happened. First, you left without an approval. And second, you had to have applied for an Advance Parole, not a Re-Entry Permit. Let me explain the difference:

 

1) Travel Document - this is for people that cannot get a U.S. Passport because they are not U.S. Citizens but they cannot get a passport from their home country because either they have won Asylum in the U.S. or are stateless or because they are Residents in the U.S., their country has abandoned them. It is like a passport.

 

2) Re-Entry Permit - This allows a Lawful Permanent Resident to re-enter the U.S. after being outside for up to 2 years without abandoning their Residency.

 

3) Advance Parole - This allows an immigrant to enter the U.S. that either has no status in the U.S. or has appending I-485 and does not want the I-485 to be abandoned.

 

Unfortunately, for that to work, you had to have an approval of the Advance Parole BEFORE you left. So unless you can prove that your Advance Parole was approved before you left, you will have difficulty coming back. So you have three choices:

 

1) You wait for your spouse to see if she gets the Advance Parole in the mail and check the date of approval and if it dated before the date you left, then she can send it to you and you can use it to come back into the U.S.

 

2) The K-3 spouse visa takes 6 to 9 months.. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after you enter the U.S., you must still file a new I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

 

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later.

 

 

Here is a link to both:

 

 

http://travel.state.gov/visa/immigrants/types/types_1315.html

 

 

I am truly sorry. I know this is not good news, but you should not have left when you did. I know immigration told you something, but you will be hard pressed to prove it and they really won't care. I wish I had better news for you.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.

So how do i know if i applied for an advance parole or not? I misunderstood the advance parole with the travel document. is it the i-131?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

All three use the I-131. There are only two ways you will know for sure. Wait for your spouse to get the card or document in the mail and she can check for you, or file a G-639. The G-639 is going to take awhile, probably 3 to 6 months or more, but it will give you a copy of your entire file. Sorry, I wish I had an easy and quick solution for you. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Customer: replied 1 year ago.

okay so if i had a copy of the i-131 will it say on it? i pretty sure i didn't check box the refugee section. the only thing i'm thinking right now is how to get to my wife, If filing a f-1 will it be faster i might do that, please suggest me on that? I didn't know leaving the country could turn out to be such a disaster.. also for k-3 do you have to be married in the same country as you file the visa from??

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
An F-1 won't work. Why? Because for an F-1 you have to have non-immigrant intent. Since you have a U.S. Citizen spouse and a filed I-130, you will not be able to prove non-immigrant intent. Believe me, I would tell you if there was a solution that easy like an F-1. There is not. So if you do not want to waste money on a K-3 or CR-1 process, you will have to wait on your spouse to see if she gets the Advance Parole in the mail. If you like, she can make an appointment with USCIS at http://infopass.uscis.gov/ and ask them if the I-131 was filed as an Advance Parole or not. Even if it was filed correctly as an Advance Parole, it won't be enough. You also have to prove that it was approved BEFORE you left. I think that what went wrong is that you told the office before you left that you had filed for a RE-ENTRY Permit. It is allowed to leave the U.S. before approval of a Re-Entry Permit and have the Re-Entry Permit forwarded to the LAWFUL PERMANENT RESIDENT (LRP) that left the U.S. The Re-Entry Permit does not apply to you because you are not an LPR yet. Had you told the officer that you filed for an Advance Parole, the officer would have told you that you could not leave the U.S. without the approval. Again, sorry for the bad news. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Customer: replied 1 year ago.

Okay thank you so much for your help. I have one last question before i give you positive feedback so do i have to be married in India to fill the k-3 visa from here and please tell if i can know for sure looking at the i-131 form. I'm going to ask my wife to call the USCIS first thing at 8 to make sure. The card was approved at least 2 months ago i left the country i just don't know if it's the advance parole

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. You just have to be legally married somewhere.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95463
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

so can i know looking at the i-131 if it was filled for an advance parole or not? how can i look at the form and tell (what question or something)

Thank you so much for your help. I really need to sort things out and need an attorney please tell me about your services or give your contact info

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You would have had to have marked in Part 2, 1.d. And you would have had to have skipped Part 5 and Part 6.

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