Help ! CProcessing for family

H

hmm2003

Registered Users (C)
Hello,

1) We all travelled on expired advance parole with pending I-485 out of the US.

2) There was a stamp on the document "PAROLLED UNTIL" which has a validity date more than the Parole Document validity date due to last travel..

3) Unfortunately I misinterpreted the stamp and used the "NEW EXTENDED DATE " to travel outside the US .

4)I got my approval and was able to renter using deferred inspection. I got my Green card stamped on the passport .

5)My family is stuck as they cannot enter US since we misunderstood the stamp on the Document and the passport.

The only option available for me is to file Consular processing for my family in India .

1) Does anybody have any suggestion as to how I can be reunited with my family ?
2) For CP ,does anybody have suggestions to expedite the process for my family ?

Thank you for your help.
 
Hello Rajeev,

Thank you for your reply. I did consult the attorney and the option was doing a CP for my family, but I need to know the steps inorder for me to make sure that that is the fastest route and can be done .

He did mention hat it might take 2-3 yrs. for my fmaily's GC .

I was reading some of the articles on the forum trying to match a case similar to mine but without luck .

Although I did fine information like AC140 , I -824 etc..

If possible could you let me know the steps required .

For eg. :

Step1 : File i-824 , can be skipped if doing AC140 and sending it to the consulate who accepts AC140.

I would really appreciate your time and efforts in helping me understand the whole process.

Thanks again.
 
hmm2003,

While I sympathize with your predicament, you are in unchartered territory. I have not come across a situation such as this before. That's why any advice I come up with is pure speculation. I assume your I140 has been approved with your dependents' names on it. I also assume your I485 has been approved with all of your dependents' name on it. The primary concern would be that INS could consider this abandonment of AOS by your family since they did not return before the AP expired. If they don't squash the petition, you may apply for I824 for the rest of the family and then go with AC140 if your consulate accepts such a petition or go thru NVC after approval of I824. Since you have a green card and your dependents are immigrating, they may be eligible for the new 'v' visa- you will have to discuss all of this with an attorney. I have also not heard of consular processing for just the dependents while the primary applicant has adjusted status! If anybody has done this before, please help this lonely soul!:confused:
 
Hi Rajeev,

Thanks for the information. I am going to discuss this with an attorney , trouble is I am getting different answers from some of them. I am trying to get enough information myself to be able to discuss with them.

1) I have got my GC.
2) INS sent out an RFE on my family asking to present evidence of their prescence in the country .
3) At that time , family was outside with expired Advance parole
4) We have to respond to the RFE.

Here is what I think I know , correct me if I am wrong :

1) Respond to the RFE and let them know that family will be pursuing their GC outside.
2) File I-824 with the INS, requesting them to transfer file to concerned consulate.
4) Send AC140 , my passport copy containing the GC stamp , "I-824 receipt " , birth certificate , marriage certificate etc. to the consulate.
5) Consulate may accept the request and issue an immigrant visa number with an appointment date .
6) Get the medical test done and attend the interview.

This is what I think would be the procedure .

Thanks in advance for your help.
 
That would be the correct order of steps, provided...

1. INS accepts your RFE and agrees to CP for the rest of your family,
and
2. Your local consulate accepts AC140.
If not, you will have to wait for I824 to be approved and then wait for NVC to review the case and then forward to the consulate.

Goodluck.;)
 
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