Other Green Card Issue Possible Perm/Greencard Cancelation due to leaving USA

[antslarson]

Hello,

My wife & I (Canadian Citizens w/ USA H1B & H4 Dependant Visa, living in Mass USA) had to leave the USA and drive to Ontario, Canada for my mother-in law's funeral this past Friday.

However, my lawyer highly recommended against us going to the funeral, as leaving will likely cancel my current greencard/perm application, as I have not received the I-485 receipt notice as of yet.
Also, I was unable to goto the USCIS office in Boston on Friday as by the time he recommended that avenue, it had just closed.
I am wondering if there is anything I can do, while in Canada during this time of bereavement in order to head off any potential issues.
I have included the full explanation below, from my lawyer.

Any help would be greatly appreciated.

Thank you kindly,

Anthony


The following is what my lawyer emailed me last Friday:
"As discussed on the phone, if you leave Canada and later reenter the US without showing your I-485 receipt notices for both yourself and your wife, that can technically cancel your adjustment of status application. You won't have problems reentering the US but when the time comes for the US immigration officer to review your adjustment of status application and he/she sees reentered without showing the receipt notice, they could cancel your adjustment of status application at that time. Or they may overlook it and approve your case. If they do cancel it, we can request a motion to reconsider based on hardship and provide a copy of your mother-in-law's death certificate along with your travel itinerary. But there is no guarantee they will allow it. If not, we would have to file the adjustment of status application all over again and that depends if the priority date is still current at that time.

I also talked about going to the local USCIS office in Boston today to explain you did not receive your I-485 receipt notice but they would have to let you in and there is no guarantee without first making an online appointment on infopass which probably cannot give an appointment for at least a week. The security officers at the front door are put on strict orders not to allow anyone in without an appointment so that may not be possible."

 

[mafioso]

There is not much you can do while there……….Just bring all evidence which document the funeral and why you could not wait(some very convincing reason). I think they would show leniency due to this circumstance which qualifies as an extra-ordinary one………at least in my opinion and the average person's own. In most cases, they are not that strict on review…………unless your case falls on some very difficult officer to review. Most would understand if they notice. Just don't volunteer information without your lawyers consent. Not many people in your situation have difficulties getting back in. Most officers at POE don't pay much attention to such details……..You would be fine at entry.