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

[sgi]

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

 

[redforgreen]

Explore the possibility of getting new AP from consulate in home country. I happen to read on Murthy's site, 'bout such a possibility, allthough not very sure if I read it correctly.

Pl. share the info, if you find some more. I may be in similar situation if our AP is not approved in next few weeks.

 

[gc_howlong]

I don't think she has to withdraw his AOS. I am not very conversant with the FOJ procedure but it doesn't make much sense to withdraw the AOS application after waiting for one full year particularly when the whole process of green card is beset with full of uncertainities.

If I understood you correctly he was previously working in US on H1. So if his company is ready to process his new H1 through the premium processing he should go for it. That way his I 485 process won't get affected and he can come back to US whenevr is convenient for him. But if he was on H4 then I think the FOJ would be the ideal thing to do. Anyhow she should contact an immgration attorney before making any decision in this regard.

 

[wwossen]

sgi

Her husband can go to BCIS district office where he resides and ask for emergency AP. With him, he has to take his old AP and a letter from doctor in India that states his mother’s operation, the date and the risk of the operation.

He has to explain the need for him to be with his mother during this difficult time and how serious is the operation.

He can also go to BCIS district office and ask what is needed for this kind of case. I don’t think it is a good idea to withdraw the I485 process at this time.

I wish you all the best for him and his mother

Regards