AP for dependents while out of country and POE issues

J

jamaes18m

New Member
I'm on H1 and I485 pending for me and my dependents. Dependents are out of country for more than a year now and they do not have H4 visa yet. Due to personal reasons, it could take longer for them to return to the US and meanwhile I may switch to EAD before they return. Therefore thinking I can apply AP for them instead of H4 (as H4 will anyways be invalid if I use EAD) so that they can use AP at port of entry and need not worry about H4 validity issues. My questions are based on this situation,

1. Can I apply AP when they are out of country?
2. If applied and approved, will they have any problem in POE with AP as they are out of country for more than an year?
3. Will they be required go to the US consulate in home country to collect AP or mailed to my US address?
3. If there will be problem at POE and I'm no more on H1 - what will be the available options for them to enter US?
 
Their I-485s are now nullified* because they left the US and didn't return before the AP expired** (if they even had AP), and also didn't have H4.

AP based on a green card application can only be applied for within the US, and they must remain in the US until the AP is approved, unless they have H4. AP requires a new or pending I-485, so AP for them is out of the picture until you can get them back into the US to file a new I-485 and apply for the AP.

Looks like your only option is to bring them back to the US with H4, then file a new I-485 for each of them.


*if you check the status of their I-485s, it probably still says pending, not denied yet. But when USCIS does the final review of their I-485s, they'll probably realize your dependents were outside the US beyond AP expiration (or without having AP at all), which would result in denial for abandonment. If you file the new I-485s without withdrawing the old one, USCIS might confuse the old with new and mistakenly deny the new one because of this, so when filing their new I-485, also request withdrawal of the old ones.

**unless they got a 2-year AP and it hasn't expired yet
 
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