AP Question for my Daughter. Please Help

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Anil_Verma

Registered Users (C)
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.
 
Your lawyer is right. She needs to be here to be able to apply for I-131 and if she leaves before I-131 is approved, then I-131 is considered 'abandoned' and therefore, will be denied.
 
Thanks Pras01.

What if she comes in May, Apply for renewal, go to India and come back on first AP before it expires (which expires on Sept 15th '05). Leave US on the 2nd AP.

Is this possible ?
 
Anil_Verma said:
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.
---- that is true and apply her new AP second day once she reaches US ( dont forget to send Color copy of her passport first page and pasport style 2 photographs, many AP are being rejected if you send Digital photographs)

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 ?
---- She need to Come before her approved AP expires and need to apply new AP and should depart US only after the AP is approved
Is there an alternate solution for this ? Meaning I don't want to abandone her I-485
---- you need to explore the options with your lawyer ask the lawyer about "follow to join" he may have to file some form with USCIS

I would appreciate your help.
Click to expand...
 
Thanks Ginnu for you response.

If I use the follow to Join option, Can she visit US by any other means or she can never visit US till my GC is approved ?.
What are the options ?
Can she apply for Visitors Visa ?
 
Anil_Verma said:
Thanks Ginnu for you response.

If I use the follow to Join option, Can she visit US by any other means or she can never visit US till my GC is approved ?.
---- only after the gets her GC
What are the options ?
-- you need to discuss with your lawyer
Can she apply for Visitors Visa ?
-- if I-485 for her is pending she cant get visitor visa.
Click to expand...
 
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