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I travelled back to uk in January as I became unwell in USA with postpartum psychosis after having my baby in October and needed emergency treatment back home in uk, as I hadn’t health insurance to cover any treatment.And needed the support of my family.Which means I left USA for health reasons,while awaiting immigration to give me my greencard in the coming few months ahead.

Will I be able to get back into the states on the grounds that I have to go back to the states to get my baby back ? Once I’m well enough again.And I have my American husband still in the states with my baby .

Please could I have some help information on this ?As under the circumstances I’m hoping and would be feeling it very unfair that I be barred by the authorities for any amount of time.

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    How did you enter the US in the first place? and what was your status in the US when this all started? – Peter Green Mar 10 at 14:32
  • If you have good reason, it should be ok (and just few months should be a problem). Eventually you should apply a petition to restore your status. But... ask the US embassy in UK and not the random internet guy/ – Giacomo Catenazzi Mar 10 at 15:35
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    Did you have a pending Adjustment of Status (I-485) application when in the US? Did you get Advance Parole before you left the US? – user102008 Mar 10 at 22:27
  • No as was getting so ill had to leave quickly to get home to get treatment & help – Lily Mar 11 at 10:33
  • 1-485 application was filed yes – Lily Mar 11 at 10:37
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Since you left the US while your Adjustment of Status application (I-485) was pending, and you weren't granted Advance Parole prior to leaving nor did you have H1b/H4/L1/L2/K3/K4/V status prior to leaving, your I-485 was automatically abandoned, according to 8 CFR 245.2(a)(4)(ii)(A). You probably have no way of entering the US to file Adjustment of Status again (and you should not enter on most types of nonimmigrant visa with preconceived intent to apply for Adjustment of Status during that stay), so you can only immigrate by doing Consular Processing at a US consulate abroad for an immigrant visa.

Your I-130 petition will continue being processed, and will presumably be approved. Because the I-130 indicated that you will do Adjustment of Status instead of Consular Processing, when it's approved, USCIS will hold onto it instead of sending it to NVC for Consular Processing. Then you would have to file I-824 to have it sent to NVC. This costs several hundred dollars and takes a few months. Another possibility, which I'm not too sure of, is that, while the I-130 is still pending now, you can contact USCIS to try to change the selection on the I-130 from Adjustment of Status to Consular Processing in the embassy in London. If they can get this changed, then you wouldn't have to file I-824.

As for your baby, the easiest way to reunite in the meantime (since it will be a while before you can move back to the US again) is if your husband or someone else brings the baby to you in the UK. You could try to enter the US as a visitor if you intend to leave on time and not file for Adjustment of Status while there, but it will be hard to convince the officer to believe you since you filed Adjustment of Status last time, and your husband is a US citizen living in the US. (Also, if you entered on VWP last time, it's likely your VWP cannot be used again due to having stayed beyond the end of it. And if you entered on a B2 visa, that visa is probably void for the same reason. So you would likely have to try apply for a B2 visa if you wanted to try the visit route.)

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  • This is extremely helpful thankyou . – Lily Mar 20 at 21:06
  • So I have now managed to get my esta/visa its been approved, I’m desperate to be with my baby or get her back as she is now 7months. I’m extremely concerned that possibly I have out stayed my last visa although I was going through immigration for my green card & had the 1-130 approved. The question is how likely am I to be turned away on arrival?Once I fly.Or am I likely to be allowed entry with the esta /visa , which has already been accepted? & will being married to a USA citizen & having my young baby daughter sitting waiting for me help me to get in on arrival? Please could I have advice – Lily Apr 22 at 17:55
  • @Lily: If you entered on VWP the last time and stayed beyond the end of it, you would be ineligible to use the VWP ever again. I don't know how you got an ESTA. Wasn't there a question about previous overstay? – user102008 Apr 22 at 18:10
  • I started my immigration pretty much right away & so I’m not sure if I’m an over stay because of this or not, so I answered it as I haven’t – Lily Apr 26 at 16:13
  • @Lily: The fact that you had a pending Adjustment of Status and wasn't accruing "unlawful presence" doesn't mean that you didn't violate the conditions of VWP. You violated the conditions of VWP when you stayed past the time you were admitted for. So they should deny you entry if you try to use VWP again. – user102008 Apr 26 at 17:53

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