Interim travel papers--terminally ill relative

[FLRussianHubby]

What is the name of your state? Florida

My Russian wife and I (US-born citizen) got married a few months ago we and are about to begin filing procedures for her green card. She is here on an overstayed J1 visa.

To complicate matters, we recently learned that her grandmother is terminally-ill back in Russia. My wife is absolutely devistated (her grandparents raised her) and would like to travel back to see her one last time. I am aware that, because of her overstay, we should NOT apply for interim travel papers, as she would not be able to come back into the US. But, is there any procedure to obtain some sort of waiver, possibly with an immigration court hearing, that could permit her to take a short trip back home, given the circumstances? We would greatly appreciate ANY information that anyone here may have.

Thanks in advance.

 

[FLMommy]

I don't see why you couldn't apply for advance parole simply because she overstayed. They either approve it, or deny it, and if they approve it, her previous overstay is not going to jeopardize her getting back into the US, afterall, they know that info anyways if/when they approve her AP. I would just give it a try and send in the nec. forms.

 

[FLRussianHubby]

Advance Parole

I believe it was on here that we were suggested NOT to apply for advance parole, because if she travels outside of the country, even with the permit, they will exclude her for 10 years, due to some sort of technicality that happens with an overstay. (she overstayed for about 2 years now). Is this true or did I misunderstand it previously?

 

[FLRussianHubby]

I dont know how to say this

I don't think it's going to matter anymore. I just found pictures in our bedroom (on a CD--complete with dates and times) of my wife having sex with her ex-boyfriend a few weeks ago.

Right now, I'm in complete shock. I'm completely devistated. I don't know how to confront her. WE HAD PLANS FOR A FUTURE AND A FAMILY TOGETHER!!! At least, I thought we did.

I'm not sure what to do right now.... How to confront her....

Sorry for venting.

 

[FLMommy]

I am sorry I misinformed you. With her overstay there is no guarantuee she will be allowed back into the US with an AP.

I am sorry about your circumstances.