Advance parole denied - Old petition

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caman1

Registered Users (C)
Hello All,

My advance parole application was denied however i did receive my EAD approval in August.
The reason mentioned that my I-140 was denied which is true but that was a seperate petition. That petition was my primary petition but due to company financials , they denied the I-140 application. I did not appeal and left it there because I also have myself as a dependent on my wife's application.

Her I-140 was approved. We filed for I-1485, advance parole and EAD in july.
We received the receipts and EADs in August. Her advance parole is approved but mine was denied. Reason being because my I-140 was denied.

I am little confused about this. If this petition is a seperate petition and my wife has an approved I-140 with me as a dependent, shouldn't this be approved through her application? why are they checking with old petition?

Any advise here please?
 
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Just to clarify matters: when was your I-140 denied?

I assume your I-485 receipt notice clearly shows that your eligibility is that of a derivative applicant, correct?

In that case, USCIS made a mistake. Perhaps you should schedule an infopass appointment and explain that your case. You could also try calling their 800 number too. If you do, make your story short: You are calling because your AP got denied because your I-140 was denied, but you don't have an I-140, you are a derivative applicant of your wife who does have an approved I-140. Don't mention your old unapproved I-140 unless asked.
 
Thanks for replying.
My I-140 was denied in May-June this year. Since my wife was going to apply in July when all dates became current, we did not persue my application.

I never noticed before but my I-485 receipt does show 'Derivative adjustment' . Thanks for pointing that.
Would it be a problem if i mention my I-140 denial in my infopass appointment. I am sure they can pull up my record anyways, it 's better to be honest and explain the current denial.

Any suggestion?
 
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You can certainly mention it at the infopass appointment. But I wouldn't do it on the phone unless they ask specifically, or you can say it in passing (i.e. I did have an I-140 denied previously but my current applications have nothing to do with that). The reason is not that you're trying to evade, the reason is because, on the phone, they are always in a hurry and don't have time to be confused. So it's quicker for you and for them to just get to the point without extra confusion: you're calling because your I-131 got denied for reasons that are not applicable to your case: You are the derivative of an applicant with an approved I-140.

In one-on-one conversations with an immigration officer at the infopass appointment, you'll be able to tell them anything you want..
 
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