Hi Amanda
I called the State dept as well as INS. State Dept tells me that as
far as they are concerned, her visitor visa is intact. But, on her
arrival in the USA using her current visa, they said that it was the
INS responsibility to either admit or deport her!
I called the INS and they said that her visa is cancelled on applying
for AOS and she should apply for a new visa. But, when she does that,
they may reject giving her a visa as she showed an intention to
immigrate!
Not sure what the best course of action is here. Any suggestions is
appreciated. Has anyone withdrawn their AOS and visited the USA after
that?
Thanks
VR
amanda992004@yahoo.com (Amanda) wrote in message news:<57d43f8b.0409082249.33db8ac8@posting.google.com>...
> v_ramamurthi@... (vijay) wrote in message news:...
> > Hi All
> >
> > I would appreciate any info., suggestions on the following.
> >
> > Background:
> >
> > My parents visited the US in March 2003 on a visitor visa (10 yr
> > multiple entry, valid 1998-2008). I applied for Adjustment of Status
> > for my Mom alone in August/Sep 2003 and got a letter from INS with an
> > Case number. She left USA in July 2004 on Advance parole and is
> > expected to return by the end of May 2005.
> >
> > Now, she finds that due to family circumstances, she will not be able
> > to committ to being in the USA for atleast 7 months each year after
> > her GC is approved.
> >
> > Assumptions;
> > 1. To continue to be on status for GC, one needs to spend atleast 7
> > months each year in the USA.
> > 2. By applying for Adjustment of Status while in the USA her visitor
> > visa is cancelled and hence can leave the country with A/P.
> > 3. If we withdraw her 485, now that she is away on A/P, she will need
> > a visa to re-enter
> >
> > Questions:
> > 0. Are the assumptions correct?
> > 1. If we withdraw her I-485, what is her status?
> > 2. If she wants to visit in May 2005, is her Visitor visa still valid?
> > Can she re-enter?
> > 3. If visitor visa is not valid and she needs to reapply, will there
> > be a problem of rejection at the consulate due to the withdrawal of
> > GC process.
> > 4. If she does get the visa, will she be denied entry by INS in the
> > USA
> > 5. If in the future, we need to apply for GC for my parents, will
> > this withdrawal cause a problem?
> > 6. Is the INS and state department view of her current status
> > different?
> > 7. Do we have another alternative such that she can visit the USA
> > without any problem?
> >
> > thanks
> > VR
>
>
> Why not ask the Embassy about using visit visa she already has after
> withdrawing from the AOS? They will tell her if she needs to apply for
> a new one. But she might have to conivince that this time, she
> wouldn't apply for AOS after entering with this new visa visa. |