Left the country while EAD/AP in renewal

[ultrasurf 2]

Does anybody happen to know where I can find an immigration attorney that specializes in cases like the above?

 

I ran into a similar issue, except without the deferred inspection part.

 

Came in as K1 in 8/2017.

Got EAD/AP in 12/2017.

Filed for EAD/AP renewal in 9/2018.

Original EAD/AP expired in 12/2018. Still haven't received EAD/AP renewal.

 

Just took a weekend trip abroad. Somehow got back into the States by arguing that filling the EAD/AP renewal in 9/2018 automatically extends old EAD/AP for 180 days (until 6/2019). <--this might not be right?

AOS interview is in 2 weeks.

 

Even though we made it back into the country, should we rightfully be concerned that the AOS application will be denied at interview?

 

Any tips? Any recommendations for attornies familiar with this? We need help ASAP within 10 days.

[milimelo 4,166]

~Post split from five year old topic and new thread started. For best answers, don’t tag onto someone else’s topic no matter how similar they may look to you. ~

[ultrasurf 2]

11 minutes ago, milimelo said:

~Post split from five year old topic and new thread started. For best answers, don’t tag onto someone else’s topic no matter how similar they may look to you. ~

Ok; thanks for starting the new thread.

 

For reference, this is the other case I am referencing.

 

As the AOS interview is on 4/10, I am urgently trying to:

1. see what my options are
2. if the options look grim/complicated, trying to get recommendations on a solid immigration attorney for this kind of issue

 

Thanks!

Edited March 31, 2019 by ultrasurf

[Hypnos 6,576]

When filing to renew an EAD and AP, only the EAD is automatically extended for 180 days, not the AP with it. 

 

This means that you abandoned your I-485 when you departed the US without a valid AP, and your application will likely be denied either at your interview or shortly thereafter. 

Edited March 31, 2019 by Hypnos

[ultrasurf 2]

Just now, Hypnos said:

When filing to renew an EAD and AP, only the EAD is automatically extended for 180 days, not the AP with it. 

 

This means that you abandoned your I-485 when you departed the US without a valid AP, and your application will likely be denied either at your interview or shortly thereafter. 

Thanks for the quick response. Do you happen to know of any similar cases on this forum where I could learn what to do now in preparation for the 4/10/19 interview then?

 

Can the (possibly erroneously-given) parole be invalidated at a later date and lead to deportation, or is the parole validity set in stone?

[Hypnos 6,576]

If you mean the parole you were just somehow given by CBP to re-enter then it should have a defined expiration date. You will be deportable after that date. 

 

You should certainly consult with an experienced immigration attorney, however, they cannot change facts, and I don't believe there would be anything they could do to prevent your I-485 from being denied. 

 

At that point you would probably be able to re-file your I-485, along with the fees and supporting documents once again. You would also need an I-130 to be filed this time, also. 

 

Do not depart the US without a valid AP document in your hands. And even then, be certain that you understand the risks of traveling on AP (as in, make sure it's not lost or stolen, etc.). 

[Roel 7,191]

Was your trip an emergency at least?

[ultrasurf 2]

2 minutes ago, Roel said:

Was your trip an emergency at least?

No; the only reason we made this dumb mistake of leaving without valid AP was that we mistakenly thought that a passport stamp from an earlier parole last year "extended" our AP validity.

 

We assumed this because the agent knew about our pending AP renewal application and said something to the effect of "your parole is extended for another year."

 

We now know this was stupid, but can't go back and fix that now 😕

[Going through 5,668]

5 hours ago, ultrasurf said:

No; the only reason we made this dumb mistake of leaving without valid AP was that we mistakenly thought that a passport stamp from an earlier parole last year "extended" our AP validity.

 

We assumed this because the agent knew about our pending AP renewal application and said something to the effect of "your parole is extended for another year."

 

We now know this was stupid, but can't go back and fix that now 😕

Unfortunately the agent you used gave you the wrong information.

You were lucky to be able to get back into the US.

A pending AP is not the same as an approved AP.  When you left the US before the AP being actually approved, you abandoned the AOS filing.

I agree with Hypnos that the AOS is likely to be denied...however you should be able to apply for the i-485 again (and pay the fee again).

[ultrasurf 2]

4 minutes ago, Going through said:

Unfortunately the agent you used gave you the wrong information.

You were lucky to be able to get back into the US.

A pending AP is not the same as an approved AP.  When you left the US before the AP being actually approved, you abandoned the AOS filing.

I agree with Hypnos that the AOS is likely to be denied...however you should be able to apply for the i-485 again (and pay the fee again).

Is it worth speaking to a lawyer?

 

And since CR-1 and AOS applications now take 1.5-2 years to process at CSC, will she get deported after the parole period ends but before she can get GC?

 

And within the next year, will she get deported because the reason for parole is not "legit"? @Hypnos too.

 

Thanks.

Edited March 31, 2019 by ultrasurf

[Going through 5,668]

3 hours ago, ultrasurf said:

Is it worth speaking to a lawyer?

Really up to you.  I don't see how a lawyer is going to change the facts for your specific case, however.  USCIS policy/rules are very clear on how leaving the US without an approved AP constitutes abandoning the AOS process.

 

If it ends up being denied without prejudice, my suggestion would be to file a fresh i-130 and i-485 immediately.  This way she will again be under "authorized stay" in the US while the new AOS is pending....oh, and don't leave the country again unless she has an approved AP in her hands.

Edited March 31, 2019 by Going through
spelling mistake

[ultrasurf 2]

9 minutes ago, Going through said:

Really up to you.  I don't see how a lawyer is going to change the facts for your specific case, however.  USCIS policy/rules are very clear on how leaving the US without an approved AP constitutes abandoning the AOS process.

 

If it ends up being denied without prejudice, my suggestion would be to file a fresh i-130 and i-485 immediately.  This way she will again be under "authorized stay" in the US while the new AOS is pending....oh, and don't leave the country again unless she has an approved AP in her hands.

If they erroneously approve the AOS, can it be revoked later? Wondering if I should just cancel appointment and refile right now.

[Going through 5,668]

3 hours ago, ultrasurf said:

If they erroneously approve the AOS, can it be revoked later? Wondering if I should just cancel appointment and refile right now.

LPR status can be revoked later, if found to have been incorrectly approved, yes.  Normally comes to light during the N400 stage.

 

 

 

 

[ultrasurf 2]

6 hours ago, Going through said:

LPR status can be revoked later, if found to have been incorrectly approved, yes.  Normally comes to light during the N400 stage.

 

 

 

 

Thanks. Sounds like I should just tell them at the interview to cancel the current AOS then? Otherwise I'd run into problems later on anyway?

[AnneA 72]

Do I understand this correct? Because it's takes way too long to do a renewal of EAD/AP which really should have been a GC you're again in a situation of not being able to return to US if you leave?