-If her health allows her travel to come back to US, she may just use the AP to enter US within 30 days from the date when her I-485 was denied. If the IO at the port of entry ask the I-485 denial, she just explains that she needs to enter US to file motion to reopen for the denied case. If they do not ask it, don't need to mention it.
母亲用AP回国的,现在在中国住院了,情况不乐观。她的愿望是最后几年能在美国跟我一起。。。哭死我!怎么也要让她如愿。
目前要file I-290B。看pjiang的博客,应该是走motion,补充美国本地的警察无犯罪记录。
只有30天上诉时间。她人在国内,指纹来不了。我的想法是:
1、移民局有没有先例把指纹信息给local police office,或让警察联系移民局,用他们系统存的指纹记录,开具我母亲的无犯罪记录;
-No. Because your mother's fingerprinting failed, USCIS/FBI can not do the background check by fingerprinting. That is why they asked your mother to the police clearance from the local police department. Now the problem is that normally your mother needs to request the police clearance report by her personal presence in the police department (show her passport, I-94, etc.). Without this report, she can not file I-290B motion to reopen. Probably the police department will not give the report to you.
By the way, you need to use your mother's name to file I-290B for her denied I-485 or the lawyer files it if her I-485 was filed by the lawyer.
2、先file I-290B,让case处于pending状态,母亲病好了以后,可以使用AP回来按指纹;
-Fine.
3、以前好像听说70岁以上的老人都不要无犯罪记录,现在只是缺美国的部分,指纹打了两遍,还不行。只有30天,人无法回美国开无犯罪记录。这个情况是不是找找本州参众议员,能有用不?
-These people can not do anything concerning background check issue.
晚上一回家拿到拒信,在网上查资料,急得晚饭都不想吃。
-If she can not return to US at present and you can not file I-290B due to absence of the police clearance report,, I suggest you to file I-824 to request USCIS to forward your approved I-130 to NVC for process for your mother to apply for the immigration visa (green card visa) in the US Consulate in Guangzhou, and the whole procedure may take about one year.
希望哪位同学可以给我点提示。拜谢!真是哭死了。