I 485 denied for advance parole, when can I refile

[TRISHA80 0]

My mom I 485 was denied because sh was unaware she had to get advance parole, she left and came back with her B2 visa. Her I 130 got approved. Can she refile her I-485 with the approved I130 .

[mushroomspore 3,043]

Errr, to be entirely honest, it does not sound like she used the B2 correctly. Refiling the I-485 will only make that extremely clear to USCIS, in my opinion. Perhaps someone more experienced can chime in to provide more insight. Paging @geowrian ...

[geowrian 22,335]

The I-485 was correctly denied.

If she entered with intent to stay, then it would be fraud to file for AOS (regardless of USCIS's pursuit of checking on this or not).

See the warning in the guide: http://www.visajourney.com/content/i130guide2

 

Edit: To directly answer the question asked, "yes".

At the same time, it would be far faster anyway to use the approved I-130 and obtain an IR-5 visa abroad. Likely a few months really.

Edited September 6, 2018 by geowrian

[SusieQQQ 11,584]

Hopefully she did not misrepresent her purpose of entry to the CBP officer when she came in.

[mushroomspore 3,043]

12 minutes ago, geowrian said:

The I-485 was correctly denied.

If she entered with intent to stay, then it would be fraud to file for AOS (regardless of USCIS's pursuit of checking on this or not).

See the warning in the guide: http://www.visajourney.com/content/i130guide2

 

Edit: To directly answer the question asked, "yes".

At the same time, it would be far faster anyway to use the approved I-130 and obtain an IR-5 visa abroad. Likely a few months really.

I know everyone says intent is established at the border. But I'm sure there are cases in which it is clear (or clearer than usual) that intentions were misrepresented. In this case, the mom was in the middle of AoS, accidentally abandoned AP and then returned with B2. If she were to file I-485 right now, I feel like that would be extremely suspicious and would throw her intentions into question. I don't know how AoS interviews for parents are conducted but is it possible the IO would question the mom about her intent in this case?? If I were an IO, I probably would but that's just me.

[geowrian 22,335]

14 minutes ago, mushroomspore said:

I know everyone says intent is established at the border. But I'm sure there are cases in which it is clear (or clearer than usual) that intentions were misrepresented. In this case, the mom was in the middle of AoS, accidentally abandoned AP and then returned with B2. If she were to file I-485 right now, I feel like that would be extremely suspicious and would throw her intentions into question. I don't know how AoS interviews for parents are conducted but is it possible the IO would question the mom about her intent in this case?? If I were an IO, I probably would but that's just me.

They likely would not question it given past BIA rulings, nor should it (AFAIK under the law, not personally) be an issue for AOS.

But at the same time, it is still fraud to enter the US with intent to stay/AOS, regardless if one can get away with it..

Edited September 6, 2018 by geowrian

[Boiler 43,430]

Sounds like she did it twice.

[SusieQQQ 11,584]

It’s only going to stop being an issue if or when all such transgressions stop being automatically forgiven for IRs. 

 

1 hour ago, geowrian said:

They likely would not question it given past BIA rulings, nor should it (AFAIK under the law, not personally) be an issue for AOS.

But at the same time, it is still fraud to enter the US with intent to stay/AOS, regardless if one can get away with it..

 

[WeGuyGal 1,052]

13 hours ago, SusieQQQ said:

It’s only going to stop being an issue if or when all such transgressions stop being automatically forgiven for IRs. 

 

Unlikely to stop in the near future, because, a)USCIS makes money with the i485 fee, and b)transfers workload from US embassy IR interviews. 

[SusieQQQ 11,584]

46 minutes ago, WeGuyGal said:

Unlikely to stop in the near future, because, a)USCIS makes money with the i485 fee, and b)transfers workload from US embassy IR interviews. 

Well then there is just about zero incentive to follow the rules. Highly annoying for the rest of those who do.

[WeGuyGal 1,052]

7 minutes ago, SusieQQQ said:

Well then there is just about zero incentive to follow the rules. Highly annoying for the rest of those who do.

Sadly, correct. 

 

Another incentive for AOS on a B2.. many USEmbs have begun consolidating IV interviews to one location.. think Mumbai, etc. Hassle for an applicant, say in Delhi, to travel/stay in another city. So once a B2 is obtained in Delhi, travel to the US and voila, file AOS from the comfort of home, bypassing Mumbai altogether. 

Edited September 6, 2018 by WeGuyGal

[SusieQQQ 11,584]

6 minutes ago, WeGuyGal said:

Sadly, correct. 

 

Another incentive for AOS on a B2.. many USEmbs have begun consolidating IV interviews to one location.. think Mumbai, etc. Hassle for an applicant, say in Delhi, to travel/stay in another city. So once a B2 is obtained in Delhi, travel to the US and voila, file AOS from the comfort of home, bypassing Mumbai. 

Flip side is the many genuine B applicants who get denied for not being able to overcome immigrant intent 

[WeGuyGal 1,052]

19 minutes ago, SusieQQQ said:

Flip side is the many genuine B applicants who get denied for not being able to overcome immigrant intent 

Yep

But devil's advocate.. why would B-approved individuals care about B applicants behind them?  Human instinct is me me me. 

[SusieQQQ 11,584]

8 minutes ago, WeGuyGal said:

Yep

But devil's advocate.. why would B-approved individuals care about B applicants behind them?  Human instinct is me me me. 

Of course

but we always get people complaining about how mean the US officials are , not about how their fellow compatriots don’t care about them

 

But back to the actual topic, tbh i’m surprised the mom got entry ...presumably she wasn’t asked about purpose of entry 

[Roel 7,191]

20 hours ago, TRISHA80 said:

My mom I 485 was denied because sh was unaware she had to get advance parole, she left and came back with her B2 visa. Her I 130 got approved. Can she refile her I-485 with the approved I130 .

So your mother came to the US twice on b2 with intent to adjust and you expect people here to actually help you commit fraud again? The nerve! 

 

(Also I swear I've seen identical post some time again)