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How to re-enter the US legally when awaiting I-485 appeal?
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How to re-enter the US legally when awaiting I-485 appeal?

I was called for the I-485 interview (adjustment of status) in LA on Apr 17. We were not able to attend as we had to move to Montana on Apr 1 with a military assignment. I called the USCIS and wrote a letter explaining why we could not attend (one letter with both our signatures on it) and requesting to reschedule. I registered the letter and have proof that the letter was signed for at the LA office.
Thinking everything was fine I left the US (with valid parole) to organize the details of our wedding in Ireland. I was intending to spend 3 weeks, but now I have just receive notice that our application has been denied as we failed to attend the I-485 interview and provide an adequate explanation for absence. My parole has been canceled. They said I can submit an appeal but that may take up to 60 days.
Does anyone have any advice as to any faster way I can sort this problem out. I do not feel like we did anything wrong!

Cheers for any help....


    




Fred S
Rating
It appears that you are outside the U.S. and you do not have the proper documents to enter the U.S. When a person is in that position, he is called an immigrant without an immigrant visa. See section 214(b).

Fortunately, you are in your home country, and you can work on your immigrant visa at the embassy in Dublin. You didn't mention the basis on which you were applying for LPR status, but whatever the case may be, the petition is still good.

You can submit form I-824 to request that your petition's approval notice be sent to the U.S. embassy's immigrant visa section. This form should be filed with the USCIS office that approved the original application or petition.

You appear to have lost your chance to adjust status, but you can still immigrate using overseas consular processing. The main advantage of visa processing abroad is it can be considerably faster than adjustment depending on the consulate/embassy.





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