I 130 approved but I 485 denied. What are my options?

[Holygal]

Hi

I am a US citizen who has applied for adjustment of status for my mother in February through concurrent processing.  She entered the country  in B2 in December. But unfornately we did not apply for an advanced parole at that time. She needed to make an emergency trip to home country for a surgery and obtained an emergency parole at local Uscis office before she left. The problem is she failed to handover the parole when entering US back in June and used her tourist Visa by mistake. We received the 485 denial last week stating that she left the country without parole and entered in B2. 

What are our options now? They are stating that we can apply 260 B. Can we reapply 485? If so how soon can we do so? Would she get into the problem of falsifying her B2 entry ( as she has come with immigration intent) into the country if we apply now? Please help.. the whole process is very confusing.

Thanks in advance.

[pontevecchio]

Infractions by the immediate family of US Citizens are ignored as a matter of policy. Maybe you tried to save some money or maybe not. You can file her AOS again or better yet first discuss the matter with a lawyer to see whether this is a correctable error by USCIS. They do have computers and databases and should have been able to do the right thing.