i 485 denied

[manny111968 0]

we received i526 approval on eb5 in aug 2016

 

my sons who study in ca on f1  and my wife was on b1   when this i526 approval was received so i travelled to usa and filed aos for the whole family. my wife is the principal applicant here.

 

my sons were under 21 when we filed the aos. 

we did our fingerprinting and then my wife and myself we left back  to india and the kids stayed in usa for their studies.

my sons ead and ap were approved for my sons.

for my wife the ead was approved but ap was denied because we exited usa. 

and now the i485 been denied for the whole family because we exited usa.  can anybody advise what are my options now. i am worried that the kids turned 21 in dec 2016.

my lawyer says to come back to usa on b1 and file again the applications of aos, ead and ap and stick around till these are decided.  i am not convinced cause i feel i got wrong advise to exit usa without ap when my i485 was pending. 

 

[Roel 7,191]

Well without ap and aos denied you don't really have any path back to US , from what I understand? Leaving US without ap or green cards pretty much can be taken as abandoning the process. Maybe I'm wrong here but going back on b1 with the clear intent to adjust is going to be a visa fraud. 

[manny111968 0]

so what is the way out here?

 

[manny111968 0]

so what is the way out here?

 

[manny111968 0]

so what is the way out here?

 

[NancyNguyen 1,657]

There is no remedy for abandoning your AOS. Your family AOS is done for good. 

 

It seems like your laywer doesn't know about immigration at all.

 

1. Leave the States without Advance Parole - biggest mistake ever.

 

2. Come back again with B1 and AOS again is immigration fraud.

 

Can you contact NVC / local US embassy or consulate and ask about consular processing in India? I believe they can help you out. Good luck. 

[Sunnyland 639]

Why did you decide to leave US without the Advancece Parole? 

[manny111968 0]

we left usa because my father was unwell and needed immediate attention

 

[manny111968 0]

we left usa because my father was unwell and needed immediate attention

 

[Unlockable 7,306]

Sorry but your AOS is likely over. When you leave without authorization it renders your case abandoned. 

 

It is may be tough try for another. Best to find out if the B2 was cancelled also. As mentioned it is fraud to plan to use the B2 to enter the US so you can AOS. Because of your previous attempt to adjust status immigration knows you have immigrant intent.

[manny111968 0]

How do i find out if my b2 is cancelled? do i have any option now?

[NancyNguyen 1,657]

Did you read? You need to contact nvc to see if you can have another chance to use consular processing for your eb5, you will come to the States as permanent resident.

[NigeriaorBust 4,087]

  You also need to check on your sons status.  His AOS is gone so the AP and EAD are also cancelled

[Ash.1101 1,755]

23 minutes ago, NigeriaorBust said:

  You also need to check on your sons status.  His AOS is gone so the AP and EAD are also cancelled

Agree'd.

If the I-485 was denied for the WHOLE family, then your sons EAD and AP have also been canceled. If the I-485 is denied, you lose EAD and AP as well. The only time the EAD and AP is good is when the I-485 case is pending, in this case, it's not longer pending and has been declined.



Abandoning AOS from an EB-5 visa is pretty much suicide. Not only have you lost money but you most likely lost your chance for good as only 10,000 of these visas exist per year, and honestly, why would they give you the visa over someone else that hasn't had it before. It also may make everything else harder as well when it comes to any other visa.


You said your wife was the primary on the AOS, and she also was the one who came in on the B2. So they're most likely going to say she had full intentions of staying and AOSing when given the chance.

Edited March 18, 2017 by Ash.1101

[zilchfox 296]

Given your situation, you abandoned your residency by departing without Advance Parole. I hate to say it, but realistically it sounds like you'll have to re-establish life in India.