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ultrasurf

Left the country while EAD/AP in renewal

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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.

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~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. ~


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Posted (edited)
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 by ultrasurf

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Posted (edited)

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 by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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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?

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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.). 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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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 😕

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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).


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Posted (edited)
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 by ultrasurf

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Posted (edited)
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 by Going through
spelling mistake

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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.

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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.

 

 

 

 


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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?

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