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Filed: O-1 Visa Country: Netherlands
Timeline
Posted

Hey,

I departed from the US without AP during my AOS procedure, so I abandoned my I-485.

Now the question is: Can I enter the US on my still valid O1 work visa? Me and my husbands flight back to NYC is February 28, and my O1 visa still valid until March 15.

So I have to start a new I-485 procedure, either in the US or from my embassy in Amsterdam, and pay for it once more. But do I need to let USCIS first know that I abandoned the previous one? And do I have to do the medical exam and the fingerprints again, or can they take them from the previous application? Because you can read everyhwere online that travelling without AP means abandoning your AOS procedure, but I can't seem to find anything about what the next step is if you find yourself in that situation.

Filed: Timeline
Posted

If your AOS paperwork was processed, which means you received a NOA, than there is the chance your O1 visa was cancelled. So lets talk about part 2 of your question after 3/1, he answers will depend on what side of the world you would be residing in.

Filed: Timeline
Posted

Yes, it would be if the CBP parole you in, if not than you will be starting over from he Netherlands. You took this chance when you left without the proper documents..

If paroled in, you will no longer have a work visa, unil you appears in front of a judge and he than will decide how the US immigration will allow you to proceed.

Posted

O-1 appears to be a dual intent visa. If so, then your AOS is not abandoned and you can come back the US. When did you leave the US? Have you missed any mail?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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