Applied for AP. Had to leave US urgently and returned on an existing AP. the extension was denied with the explication stating that I departed from US while form 1-131 was pending. Therefore I-131 is considered abandoned and must be denied.
How should I proceed here? Can I ask for re-consideration? Do I need to do a new AP application submitted?I am confused scared now. I am the principle applicant of 485 document (adjustment of status). I had applied for AP along with my wife. Before my AP got approved I had to leave US and have returned back last night with my old AP. My extension of AP was denied with the reason "departed from us while I-131 was pending". Now with me being in US, can I re-apply for AP? Will it effect my GC?
That's most unfortunate. At this point your entire application for adjustment of status in the US is considered "abandoned" and your relative through whom you were applying for AOS now needs to file on your behalf for consular processing abroad.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I hate to say this, but this is why we so strongly encourage working with an immigration attorney. You cannot travel with an expired AP document. You MAY have been able to get an expedited AP had you gone to an infopass appointment, but just leaving while the I-131 was pending was abandonment. Your I-485 application will not be considered abandoned and will be denied. Your wife, and any child applying with you will likely have their I-485s denied as well because the principal's application must be approved in order for the derivatives to be approved. You should consult an immigration attorney immediately to discuss your options.
This is not legal advice. This response does not establish an attorney-client relationship.
Bad mistake. Your I-485 is considered abandoned.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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