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does LUD on 485 changes when you leave the US
- Thread starter baby_mde
- Start date
It can.
Please verify information with your lawyer/attorney.
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desi3933@gmail.com
baby_mde said:Hi Everyone,
If we leave US when 485 is pending, does LUD change on 485 or Advance Parole.
It can. There are cases where I-485 was approved/denied when the person was not in the US. Serach for deferred Inspections in this forum for more details.
Please post your experience.
Please verify information with your lawyer/attorney.
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desi3933@gmail.com
My PD is sep 2004, if LUD changes on 485 while I am in India, I should assume that the 485 is denied.desi3933 said:
That means, I should not use Advance Parole to enter US. Can my attorny apply MTR and then use Advance Parole to enter into US??
Please post your opinion.
No
Please verify information with your lawyer/attorney.
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desi3933@gmail.com
baby_mde said:My PD is sep 2004, if LUD changes on 485 while I am in India, I should assume that the 485 is denied.
No way. The LUD could happen due to any reason. Ordering FP and just checking your current address by USCIS.
That means, I should not use Advance Parole to enter US. Can my attorny apply MTR and then use Advance Parole to enter into US??
Please post your opinion.
Please verify information with your lawyer/attorney.
_________________
desi3933@gmail.com
Desi3933,desi3933 said:
Assume USCIS had mad a mistake and denied 485 while I am in India. How can I enter into US by using Advance Parole??
Can my attorney apply MTR and then I enter into US with Advance Parole?
baby_mde said:Desi3933,
Assume USCIS had mad a mistake and denied 485 while I am in India. How can I enter into US by using Advance Parole??
Can my attorney apply MTR and then I enter into US with Advance Parole?
It may be good idea to maintain H4/H1 status, if possible. It may be risky to enter on AP after I-485 is denied. After MTR, if I-485 is reopened and active then use of AP should be ok.
http://www.immigration-law.com/Archive XIV.html
09/09/2006: USCIS Policy on Legal Status of I-485 Filers Whose I-485 Is Denied and Who Traveled on Advance Parole
USCIS 07/11/2006 Internal Memorandum addressed to the field offices indicates that those I-485 filers who are in a parolee status because of the travel on Advance Parole will not automatically fall into an unlawful stay in as much as the alien has not violated the terms of his/her admission. Field offices are instructed to give a notice in the notice of denial of I-485 that the parolee status will be terminated in 30 days from the date of notice of denial of I-485 application. However, the field offices issue a Notice to Appear (NTA) at the time of denial of I-485 applications to commence the deportation proceeding, the alien's parolee status expires at the time of issuance of such NTA and the 30-day grace period does not apply.
==========================================
Please verify information with your lawyer/attorney.
_________________
desi3933@gmail.com
desi3933 said:It may be good idea to maintain H4/H1 status, if possible. It may be risky to enter on AP after I-485 is denied. After MTR, if I-485 is reopened and active then use of AP should be ok.
http://www.immigration-law.com/Archive XIV.html
09/09/2006: USCIS Policy on Legal Status of I-485 Filers Whose I-485 Is Denied and Who Traveled on Advance Parole
USCIS 07/11/2006 Internal Memorandum addressed to the field offices indicates that those I-485 filers who are in a parolee status because of the travel on Advance Parole will not automatically fall into an unlawful stay in as much as the alien has not violated the terms of his/her admission. Field offices are instructed to give a notice in the notice of denial of I-485 that the parolee status will be terminated in 30 days from the date of notice of denial of I-485 application. However, the field offices issue a Notice to Appear (NTA) at the time of denial of I-485 applications to commence the deportation proceeding, the alien's parolee status expires at the time of issuance of such NTA and the 30-day grace period does not apply.
desi3933,
This is talking about deniel of 485 after we entered into US with advanve Parole. I am worried about deniel of 485 when I am out side of US. I do not have any option other than using AP to enter into US, because I do not have valid H1 or H4. I am using EAD.
In my case I have to wait until MTR if filed and 485 is reopened.
==========================================
Please verify information with your lawyer/attorney.
_________________
desi3933@gmail.com