AP expired while traveling

[max007]

Left US on Aug 20 (AP was still valid). Sep 4 AP expired. Returned to US on Sep 14. POE raised the question of expired AP, after explanation (based on Paroled stamp I thought AP was valid till Nov 2009) gave me DEFFERED INSPECTION after 30 days. Need to provide new AP.

Regulation says, if one traveled without AP, AOS consider being abandoned. Is this the case? If yes, what are my options?

BTW, this was totally honest mistake, I looked at big red paroled stamp on AP and thought my AP is valid till Nov 2009..didn't realized tiny expiration date of AP. How to explain this to USCIS, in case they consider my AOS abandoned based on regulation. I do have good lawyer, just need opinions of members here.

 

[Jackolantern]

Left US on Aug 20 (AP was still valid). Sep 4 AP expired. Returned to US on Sep 14. POE raised the question of expired AP, after explanation (based on Paroled stamp I thought AP was valid till Nov 2009) gave me DEFFERED INSPECTION after 30 days.

They gave you Form I-546, Order to Appear Deferred Inspection?

Need to provide new AP.

They said you need to bring a new AP to the deferred inspection? Do you have one already?

Regulation says, if one traveled without AP, AOS consider being abandoned. Is this the case? If yes, what are my options?

It seems that they will be using their discretion to allow your AOS to keep going, provided that you show up for the deferred inspection. However, they have the right to consider your AOS abandoned. If that happens, you can leave the US and change to consular processing if you don't want the whole GC process to die. Unfortunately, if it is an employer-based GC application, the employer probably won't keep your GC going when you're outside the US waiting for CP.

 

[max007]

They gave you Form I-546, Order to Appear Deferred Inspection?

Yes, they did.

They said you need to bring a new AP to the deferred inspection? Do you have one already?

Yes, they did. I don't have new AP. We have filed MTR for my 485. It was denied after I enter to US. They have over looked the AC21

It seems that they will be using their discretion to allow your AOS to keep going, provided that you show up for the deferred inspection. However, they have the right to consider your AOS abandoned. If that happens, you can leave the US and change to consular processing if you don't want the whole GC process to die. Unfortunately, if it is an employer-based GC application, the employer probably won't keep your GC going when you're outside the US waiting for CP.

I'm certainly planning on showing up at deffered inspection. I don't have option for CP since I have used AC21.

Any more thoughts?

 

[max007]

Any other thoughts !!!!

 

[Jackolantern]

All I can say now is bring proof of filing the MTR, along with other supporting evidence (i.e. that your job satisfies AC21) to the Deferred Inspection, and see what happens!