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I-485 QUESTION

Bangall, NY |

Am an Indian citizen - left US while AOS pending. I-485 approval coming close within a month. Had AP when I left US, but lost it in India. So, continued to stay in India and it expired an year ago. But recently obtained B1 and travelled into US 2 times using B1. Immigration office at POE asked if i filed AP in the past and I said Yes. If GC is approved. Is the GC still valid for me? Can I use that to come back and live and work in the US? Please help to understand if there are options that I could use to make my wait (for more than 10 years) worth it. Please help. Case details - EB3-India PD - Jan 2003.

Attorney Answers 4


  1. You have BIG problems.

    Travel to the US on a B 'cements' the fact that you abandoned your I-485.

    Talk to your immigration lawyer ... this is serious.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. You probably abandoned your 485. Consult with an immigration attorney.


  3. I agree with my colleague. It appears your application has been abandoned and you may have to reapply. Consult with an immigration attorney for a thorough assessment.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  4. I agree with my colleagues that your I-485 appears to have been abandoned. You will have to sit down with an immigration lawyer and fully discuss the sequence of events until now.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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