AP Question for my Daughter. Please Help

[Anil_Verma]

My Daughter is studying in India since 2003 (she was in US for 4 years prior to that). She turned 14 the month.

When she came to US in 2004 April - June (for summer vacations), we have applied for her I485, AP. My H1-B (6 years) and her H4 expired in October 2004. So the Attorney suggested that she need to come to US before H4 expires and leave to India with the approved AP. Based on Attorney's suggestion she came to US in Oct '04 and left with AP.

Her AP expires in Sept '05. What should I do now ? Attorney was telling that she need to come to US before Sept '05, apply for AP, after it is approved she need to leave to India. Is it true. Please let me know if anybody are in a similar situation.

What should be my course of action ? Does she need to come to US twice in a year (Once for applying and next before the 1st AP expires) till my GC is approved ? Is there an alternate solution for this ? Meaning I don't want to abandone her I-485

I would appreciate your help.

 

[TheRealCanadian]

What should be my course of action ? Does she need to come to US twice in a year (Once for applying and next before the 1st AP expires) till my GC is approved ? Is there an alternate solution for this ? Meaning I don't want to abandone her I-485

You cannot have your cake and eat it too. Either she comes back once a year before the AP expires and stays until it is approved, or you abandon her I-485 and do FTJ once yours is approved. That, however, will keep her in India until her interview.

 

[Anil_Verma]

Hi Canadian,
Thanks for the response.
If I use the second option (abandon her I-485 and do FTJ once yours is approved), Can she come to US on visitors visa ?

 

[pralay]

If I use the second option (abandon her I-485 and do FTJ once yours is approved), Can she come to US on visitors visa ?

It will be very difficult get any non-immigrant visa for her because she has immigrant intent.