Can FOJ be used if applicant cannot return before expiry of AP?

S

sgi

Registered Users (C)
Members,


This question is on behalf of one of my friend who is here in US with her AOS pending for over an year now at VSC (RD June 2002). She is the primary applicant.

Her husband left US, after his mother fell ill and was scheduled to be operated upon sometime in May and was planning to return, July 15th using AP which expires sometime July last week. Both their H1's have expired.

Now, further complications have resulted another surgery being scheduled late in July and they wish to be with her for this.
She knows that her husband has to return before the expiry of AP else there is no means he can enter and later the AOS considered abondeonded, so wants to know

1) Can the husband stay back, while she withdraws his AOS application and then applies Follow-to-join?

2) what other avenues are available to them besides using AP before it's expiry?


She filed AOS herself, so no lawyers involved, which is why she sought my help.
As I am not well versed with follow-to-join issues thought of writing to this forum seeking help. I am sure writing to my lawyer is not going to get proper response, still I will give it a try.

It will be appreciated if any member reading this has any knowledge or links to similar issues post their thoughts/views/suggestions, other options that are available to her.


PS: I am posting this across board for a wider audience, if anybody has objections let me know why


Thanks
sgi
 
I think what your friend should do is, take an appointment with lawyer(they may charge upto $100, it goes with time) and discuss it clearly the available options. And come to a conclusion. . .
If staying back is not an option provided to you:
1. Can he come back now and meanwhile ask her to apply for another AP. And as soon as he comes, I think he can go directly to a local office and get the interim AP and leave back to India.
2. Another option you may want to talk is, his wife applies for AP now, and he stays back in India until he receives the new AP, his wife mails the documents. Then he enters US. They are not even asking the I-94 # on the application. So probably you may want to discuss this with an attorney.

And they may present you with different options . . .
Good Luck
 
gcgcgcgc, thanks she is looking into talking to an attorney, but time is important here. Also, I know for sure that an applicant has to be in US while applying AP and until the documents are received before leaving the shores here.
 
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