AOS F/P and Interview: But parents out of US on AP

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shri ganesh

Registered Users (C)
My parents left on AP and we had to postpone FP and interview since they were in India. They cannot travel until their passport, which has <6 months of validity expires.

I was under the impression that the AOS process doesn't resume until the applicant is back in the US - the AP stops further processing.

Despite this, we have received FP and Interview notice again.

I am not sure if we have to reschedule or abandon the application.

Why is USCIS so mis-managed? Departing from US on AP should have rung some bells, one would expect.

What are the options?

Shri G
 
Why should ring some bells?

You travel in AP you suppose to return, actually if you are a permanent resident you suppose to return since that's why you are a US resident aka live here...they are the ones who want a green card not USCIS.

If they travel is on their own risk, they still have a pending application that's the only reason they need an AP because they are adjustees not visitors, nothing else than a people with pending application.

AP and actually doing nothing stops anything in USCIS, why it should? People wants that it moves faster! Don't want to sound rude but you are asking like you go to the doctor and the doctor tells you, we need some blood tests so we know what's going on so you will hold the lab test until what? so the doctor should do what? and the rest of people waiting to be attended should wait too?...

There is nothing on the law or the procedure that states that if you apply for AP your application will be on hold, actually if you miss an appointment or an interview regardless where you at, you going to get denied.

If they were going to be so long out of the US then they should re think to apply for permanent resident if they are not going really live here.
 
one can't control one's life

one can't control what happens in life. my parents had to leave for india after applying for AOS. infact, we had to even expedite AP - and USCIS agreed with the reason to be bonafide, not once but twice. they issued AP within 7 days.

AOS people do get AP (that's one of the purpose) and infact they got AP for a year.

and of course, rescheduling FP and AOS is possible (we had to do it once). we were told that that would put a hold on AOS and no further notice will be sent until people return back to the US. and clearly, they know the applicants are out of the country and so why not wait until they get back in to resume.

shri g
 
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shri ganesh, when people with pending AOS leave the country, it is usually assumed that they have abandoned their intention to get a GC. The only purpose of AP is to keep the application going when someone travels outside the country, and it allows them to enter again. Processing, however, continues, and the applicant is supposed to schedule any travel around their FP and interview schedules.

If you keep rescheduling the interview, it's highly likely that at some point the AOS will be denied. Why can your parents not get a new passport? Do they really want to start the process all over again?
 
situation in India for parents

The situation in India is dependent on how fast the passport can be renewed. the reason to go to India, however, was of course not passport renewal. but since they are in India, they must renew before coming here.

we will have to ask for reschedule or abandonment.

if the applications are abandoned, we will have to apply again for AOS (I130 is still not approved)? besides the 2000 dollar fee, any other loss? will they be allowed to enter the US at least on AP? or since their 485 is abandoned, the AP is void as well? so we have to go with CP?
 
Ok, so do I understand this correctly: Your parents came here on a nonimmigrant visitor visa; they overstayed and extension of stay was denied; you filed for their AOS; you got expedited AP to avoid "financial loss"; they left even though their passport was about to expire and now they are stuck outside the country; you twice rescheduled the interview already.

How much patience do you think the "mismanaged" USCIS has? :confused:

They will have to go through CP next time if they abandon their application. It will add about a year. Good luck.

If you want their current AOS application to continue, I highly suggest that they get new passports ASAP and come back here. Can the Indian embassy in the US help with this perhaps, if you explain the reason?
 
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Dude in india passport can be obtained within 8 hrs if u make a request officially on the form they provide with proper reason and all the proofs.

Unless they have committed a crime or some other illegal activity. make sure they carry police clearance with them in a sealed envelope just in case they ask.
 
You were under the wrong impression. AP allows AOS applicants to travel outside the US and return. It does not pause the actual AOS processing.

shri ganesh said:
I was under the impression that the AOS process doesn't resume until the applicant is back in the US - the AP stops further processing.
Click to expand...
 
CP will be the only option, if their AOS is denied, then the AP is voided. And since they have showed immigrant intent, they can not use visitor visas to enter anymore... what a waste of money.
 
Expedited passport renewal was available in India (within 1-2 days) , paying more fees, validity of passport will be 1 year. After coming to US can be renewed again for 10 years.

FP notice (send fax to India) from USCIS can be used as a basis for expedited passport processing.

You could have renewed passport in US before they left for India.
 
All done - almost

All done today. My dad's GC was approved.

Mom had to get another fingerprinting.

The officer was really nice (he let me accompany my parents to the interview and even answer all the questions on their behalf - although my parents can understand/speak english very clearly.). The officer took an affidavit from my Mom just in case the fingerprinting attempt fails again - that way we don't have to go to the interview again but instead just communicate by mail if need be. He also arranged for same-day (today) fingerprinting appointment.

No document but for passports were checked. We had taken many documents with us (all that they asked for, originals and copies) but nothing was checked.

My mom had her fingerprinting retaken (but interview procedures are all over).


Thank you all for input.

Shri G
 
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