Green Card Denied - What happens to my advance parole

[siqubal]

Hi,
I filed I-485 as a derivative applicant under my husband's pending I-485 in February 2005. He got his green card in May 2005 and I was waiting for my visa number to be current. I checked my status online and it says that my green card has been denied and a letter was sent. I am not sure what the reason was but my lawyer says that we can file a motion to re open or file a fresh application for green card. My husband is a citizen now.

My question is about my advance parole which I got two months ago. I assume it is not valid anymore but will it be valid once I file a motion to reopen my case or if I file a fresh I-485 as a spouse to a US citizen?

Please help. I have to travel to India in 3 weeks and this is not what I was expecting. Any help would be highly appreciated.

Shaheen

 

[BigJoe5]

Hi,
I filed I-485 as a derivative applicant under my husband's pending I-485 in February 2005. He got his green card in May 2005 and I was waiting for my visa number to be current. I checked my status online and it says that my green card has been denied and a letter was sent. I am not sure what the reason was but my lawyer says that we can file a motion to re open or file a fresh application for green card. My husband is a citizen now.

My question is about my advance parole which I got two months ago. I assume it is not valid anymore but will it be valid once I file a motion to reopen my case or if I file a fresh I-485 as a spouse to a US citizen?

Please help. I have to travel to India in 3 weeks and this is not what I was expecting. Any help would be highly appreciated.

Shaheen

Don't depart from the U.S. until you have cleared up this matter because you may trigger a bar to re-entry for a 10 year period. It is highly unlikely that the world will come to an end if you skip this trip but it might feel like it if you depart under this current unclear circumstances.

That said, it appears to be a muddled situation. You can't get advance parole based on a denied I-485. You have an incomplete picture and have presented too little information.

 

[Jackolantern]

Your case is similar to this one http://forums.immigration.com/showthread.php?297247-My-daughter-s-I-485-got-denied where the primary became a USC and her daughter's pending derivative I-485 got denied as a result.

You need to file I-130 and a new I-485 based on marriage to a US citizen. And cancel the upcoming trip. You won't be able to return with your existing Advance Parole.