Crisis!!Please help

H

HaraKad

Registered Users (C)
Hi All,

We are in deep trouble....please help us figure this out.

We moved to India in February losing all hopes about our green card. Yesterday we got to know that my Green Card approval notice has arrived. Apparently it was mailed to the wrong address and never got it on time. Now the approval notice has expired two weeks back.
My questions are:

1. How can I come back for stamping? I neither have a valid H1 nor the advanced parole. Both expired last month.

2. How long after the notice can I get the GC stamped?


After waiting for 5 long years we really dont wanna lose the GC. Is there any way at all?? :confused:
 
HaraKad said:
Now the approval notice has expired two weeks back.
Click to expand...

I don't think approval notices expire.

I would consult an immigration attorney about your situation for professional and accurate advice.
 
Try searching these forums for "deferred inspection". Although, I'm not sure about it, since airlines won't let you on the plane without a visa.
Definitely consult an immigration attorney, maybe you can get your passport stamped in India, in a consulate.
 
I can only imagine how you must be feeling, but do not lose hope. Consult an immigration lawyer, I am sure there may be ways around it. Also, if possible try to consult the US consulate and see what they have to say.
 
If you can contact your lawyer and get the copy of approved gc i think you can get it stamped in india. Also change the address so that the plastic card can be mailed to the right address.
 
Get the approval notice and go to the consulate in India, you might be able to get a temporary travel visa, using which you can enter the US but will have to immediately go for deffered stamping.

You will also need a good explanation for why you let your visa's expire and not maintain a permanant residence in the US. But I guess you could say you let the H1 expire since you were on AOS, and you still need a good reason on the AP. Technically if you travel outside the country without an AP your AOS process has to stop. And you cannot be allowed back into the country without a valid immigrant/dual purpose visa.
 
If you leave US without Advance Parole while your 485 is pending it is considered lost. And since feb 2004 you are out of country so it will be difficult for you to explain at US embessy why u left without AP and for so long. Check with a lawyer cause you cannot get visitor/H1 visa now as you will show up as approved gc holder and to get those they will revoke ur GC approval as u left the country without AP.
 
Hi All,

Thanks for ur prompt response.
Unfortunately we havent been able to get hold of a lawyer probably coz we r out of the country and so not easy to contact anybody easily.

Can anybody tell me what the worst case scenario would be if we apply for a new H1?

Will we have to redo the whole process or can we reapply for 140 and start
over??

Its extremely disheartening to know that we have got the approval but there is no way we can get it stamped. I really hope others learn from my mistake.
 
Ghost rider,

Sorry for not being clear.

we did not leave the country without AP. When we left the AP was still valid but our company refused to apply for an AP extension so it expired last month....

Is there light at the end of the tunnel??!! :(
 
HaraKad said:
Unfortunately we havent been able to get hold of a lawyer probably coz we r out of the country and so not easy to contact anybody easily.
Click to expand...

Is it not possible for you to find a local immigration attorney that has knowledge of US immigration law? Many of the larger firms have overseas offices.
 
Try contacting Rajjev Khanna or Sheela Murthy. It looks like a tough sitiuation though. When your AP expires and you are out of country, usually thats the end of the road. I Don't think trying for a new H1 or B1 is a good idea. You are already approved for Permanent resident.
 
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