Legal Question in Immigration Law in Georgia
My wife's AOS was denied b/c we travelled outside the U.S. "days" prior to having the advanced parole "officially" approved. My first question is can we appeal this decision? We feel that the system failed us by taking an excessive amount of time to process the app. We submitted it 6 weeks prior to departure and provided all info, reasons and dates of travel, then received the approval 2 weeks after we returned. The AOS was denied for no other reason than this. My second question is if we are unable to appeal can we simply file another AOS (I-485) with my petition to have my wife's status adjusted to that of a permanent resident?
1 Answer from Attorneys
Her application was properly denied if she left the USA without an advance parole while the I-485 was still pending (which is considered as an "abandonment").
Yes, she might be able to refile the new application if she is not placed into Immigration Court removal (deportation) proceedings.
It's advisable to consult a qualified immigration lawyer because her situation now is not a typical case.
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