Left the country while EAD/AP in renewal

[Cathi 5,621]

2 hours ago, FluffyBalls said:

Go with what the lawyer said over an online anonymous fearmonger.

People in this forum are not anonymous and it isn't fearmongering when they're stating fact. More often than not we see attorneys give incorrect advice. 

The OP abandoned AOS by leaving the country. USCIS can and will deny at the interview. 

 

OP: never under any circumstances misrepresent yourself at any point during the immigration process. It's best to tell the whole truth than to lie and be found out later(and they will find out). It isn't worth it. Let us know what you decide and what happens at the interview.

[Shiran 1,134]

In the original story this post was linked to 

there  was same pattern of doom and gloom, while in reality, if I interpreted it right even though they refiled I-485, it was not needed, as their original one was still "alive" and USCIS officer "resolved" the issue by literally stapling 2 files together. Ultimately all these decisions are left up to the discretion of the USCIS officer all you can do now is let things play out, and be truthful in your answers.

[ultrasurf 2]

1 hour ago, Cathi said:

People in this forum are not anonymous and it isn't fearmongering when they're stating fact. More often than not we see attorneys give incorrect advice. 

The OP abandoned AOS by leaving the country. USCIS can and will deny at the interview. 

 

OP: never under any circumstances misrepresent yourself at any point during the immigration process. It's best to tell the whole truth than to lie and be found out later(and they will find out). It isn't worth it. Let us know what you decide and what happens at the interview.

We of course will not misrepresent anything. We plan to give a full list of all our travels (I-94) and a copy of our EAD/AP card.

 

I'll update everyone with the results after the interview.

 

Thanks for all your help! I might pay for a consultation with a 2nd lawyer just to double check the point about the AP issue.

[FluffyBalls 52]

3 hours ago, Cathi said:

People in this forum are not anonymous and it isn't fearmongering when they're stating fact. More often than not we see attorneys give incorrect advice. 

The OP abandoned AOS by leaving the country. USCIS can and will deny at the interview. 

 

OP: never under any circumstances misrepresent yourself at any point during the immigration process. It's best to tell the whole truth than to lie and be found out later(and they will find out). It isn't worth it. Let us know what you decide and what happens at the interview.

 

People are telling him to cancel the interview and I485 because it may cause him to be deported if he applies for citizenship. This is fear mongering. I don't see any downside (neither does the lawyer) to going to the interview, admitting to the USCIS officer that he screwed up and misunderstood the rules, and hoping for a hail Mary.  All while being prepared to refile in the event of a denial.

 

This is a very rare situation that I'd bet only a handful of people find themselves in. Tons of doom and gloom on this forum if someone doesn't do something exactly "by the book" yet somehow everything usually turns out okay...

[Going through 5,668]

Most in this thread suggested the OP attend the interview and see what happens.  From what I read, and I may have misunderstood a post, people suggested he could cancel the i-485 as an alternative to attending the interview only when the OP  himself questioned a couple of times if he should do that instead.

[accumbyte 148]

8 hours ago, Shiran said:

while in reality, if I interpreted it right even though they refiled I-485, it was not needed, as their original one was still "alive" and USCIS officer "resolved" the issue by literally stapling 2 files together.

Seems the OP of that thread conceded that it was better to refile than not:

 

[Naes 12,205]

15 hours ago, FluffyBalls said:

Go with what the lawyer said over an online anonymous fearmonger.

I saw many -MANY- lawyers up this process... yet to see vj members to do that. This is the least anonymous forum there ever be under our circumstances.

[ultrasurf 2]

5 hours ago, Naes said:

I saw many -MANY- lawyers up this process... yet to see vj members to do that. This is the least anonymous forum there ever be under our circumstances.

Not sure I understand. What do you mean?

9 hours ago, accumbyte said:

Seems the OP of that thread conceded that it was better to refile than not:

 

Yea, I plan on attending the interview. Wondering if I should quickly do a 2nd AOS application right now before the interview without cancelling the first one, similar to what @badlo did. Trying to get a 2nd lawyer's opinion on this.

Edited April 1, 2019 by ultrasurf

[Crazy Cat 39,575]

20 hours ago, Loren Y said:

From my understanding they cannot just like one poster said throw you in handcuffs and shove you on a plane.

Unless there is an existing removal order......it has happened.....

[Shiran 1,134]

On 3/30/2019 at 10:55 PM, ultrasurf said:

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

Any updated? How did your interview go?

[ultrasurf 2]

Interview went fine. We mentioned that we had some problem entering due to AP, but CBP paroled us in. The interviewer didn't seem to care about this and essentially shrugged it off, reminding us to not leave the country until green card.

 

Got pending decision, but after going home and checking online, the status is "New Card Is Being Produced". I assume this means good news?

 

Thanks to everybody who helped on this thread!

[Hypnos 6,576]

Hopefully it won't become an issue down the line, for example if/when you file for naturalisation. They usually examine your entire record at that point to make sure no errors have been made. 

 

By law, your application should have been denied. This is not a matter of discretion but a dispassionate reading of the law as it is written. 

 

If the wrong person looks too closely at the case, it's possible things may go badly. Or maybe no one will ever notice. Who knows?

[Going through 5,668]

5 hours ago, ultrasurf said:

We mentioned that we had some problem entering due to AP, but CBP paroled us in. The interviewer didn't seem to care about this and essentially shrugged it off, reminding us to not leave the country until green card.

Did the IO understand/did you mention that travel occurred before AP was granted?