QUESTION: I am Canadian. My US citizen husband filed the I-130 and it was approved. I had not yet filed the I-485 but I had to leave the U.S. to come back to Canada due to emergency reasons. When I tried to come back to the US, I was denied entry. I was advised to see a US consulate in my country to see if I could get a parole document to allow me to enter the US. What do I do now?

THE IMMIGRATION ANSWER MAN: You can try contacting the consulate and trying to get a travel document to return to the US so you can apply for the Application for Adjustment (I-485), but I do not think they will give this to you.

What you need to do now is apply for the immigrant visa so you can come back to the US on this visa. Since the I-130 Petition for Alien Relative is already approved, you do not have to file a new I-130. However, if your husband said on the I-130 that you would be applying for the I-485 in the US, then the Department of State does not have that I-130 approval.

In order to get USCIS to notify the DOS that the I-130 has been approved, your husband will need to file an I-824 Application for Action on an Approved Application or Petition. Right now USCIS is taking around three months to approve the I-824. Once the I-824 is approved USCIS will notify the DOS that you have an approved I-130 on your behalf and the DOS’ National Visa Center will open a case file for you. The DOS will send you fee bills. After the Fee bills are paid, the NVC will send you further instructions on how to file the DS-260 Immigrant Visa Application and the I-864 Affidavit of Support. Once those documents are properly filed with the NVC, the file will be forwarded to the US consular post and you will be scheduled for an interview for your immigrant visa.

If you would like assistance with this process, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455.

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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.