My daughter lost her AP!

A

AggieCh

Registered Users (C)
My daughter (14 years) left the US on AP but it is already expired. Sadly, she lost it a few days before her trip back.
1- Can my wife, a GC holder, apply for H1 for herself and H4 for my daughter to re-enter?
2- Is it possible to apply for AP for my daughter?

The USCIS just sent my daughter a FP request. The FP notice was sent back for rescheduling. I am worried that they will send us a denial while she is overseas.
Please help me on this critical situation for my daughter.

Thank you.
 
If the AP was expired when she left the US her I-485 was abandoned and she will have to do consular processing.

Your wife can surrender her green card outside the US at any consulate and then apply for H1. You can sponsor her for GC again once you become a citizen. But it would be simpler to just go consular processing for your daughter.
 
Thanks nscagony

Will the CP take long time?

Assume my daughter's I-485 is approved in a few days or so will she be able to enter the US using her green card? Will they ask about how she left and require AP? Do they have record of the approved AP and when?
I am just trying to find any way to get my daughter to continue her school.

Very troubling kid!
 
If she tries to enter without a valid AP they will check her records and if she can't show a valid AP or dual-intent status (H4) the I-485 is void, even if approved. CP takes about 6 month. You have to notify USCIS that you want to do consular processing (I-824). Most consulates accept the receipt for the I-824 to start the consular processing. Read up about it in the forum.
 
nscagony said:
If she tries to enter without a valid AP they will check her records and if she can't show a valid AP or dual-intent status (H4) the I-485 is void
Click to expand...

If she doesn't have a valid visa or a valid AP, the airline won't even let her board the plane to the US.
 
Yeah, jk0274 is correct. Thats on top of not being able to enter at POE. CP seems to be the only reasonable approach to me. And why did you let her leave the country without an AP? Pretty irresponsible.
 
Thank you so much! It is a nightmare for all of us.
1- I am GC holder as well as my wife. My daughter didn't get it yet.
2- Neither I nor my wife has H1 or AP.
3- My daughter left on AP but she lost it and I believe it is already expired.

Can she enter on Visitor visa?

Our lawyer is suggesting to give a shot for B1/B2 but he is not sure it it will work.

CP seems a good possibility but it will take time.

I am not sure what to do.
 
She won't get B1/B2 since she had I-485 pending. Plus, it would be immigration fraud since she is not coming as a visitor.
 
She can abandon her application and apply for B1/B2. The problem will start once we try to get her on track in the US, if she entered. My wife is planning to travel to stay with her overseas.

This is a good lesson for all of us too! Don't let your kid travel on exchange program in the middle of school year.
 
There is no way to abandon a pending GC application and restore non-immigrant status. The only safe way to restore non-immigrant status (and become eligible for B1/B2) is to return a GC to the embassy. Plus, since her parents live here, there is no way she can make a case that she intents to return to your home country after the visit. So yes, CP is absolutely the only way here. You should try to request expedited processing though since your daughter is a minor and is living alone in a foreign country at the moment (no need to tell them your wife is going to stay there). Maybe they try to hurry things up.
 
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