Pending I-485; Left US without I131 approved

[gwong]

Hi,

I hope someone can tell me if there si any possibility that my father will face any problem re-entering US in May of 2008. If yes, what is the best course of action for us?

My father came to the state in Oct 2006 as a visitor. He filed for I-485 (family-based) in March 2007. He went to Detroit for an interview in May and was told by the interviewer that his application was stuck in the name check. He did not file I-131 at the time of the I485-filing.

In order to attend an emergency matter, he left US on 11/24/2007. He applied for I-131(advance parole) on 11/6/2007 but the application is not yet approved.

I think my father may have problem re-entering the US wihtout I-131 and I think he may not get the I-131 if biometric fingerprinting is required (he is not in US and I am not sure if he can do the fingerprinting in China).

Please note that fingerprinting was done earlier this year when he filed for I-485.

I hope someone can shed some light on this matter. Thanks in advance

-G

 

[kkboy]

trouble

afaik, he has abandoned his 485 petition. he will face issues while entering..and can be barred from entering. consult an attorney. Even if some1 ships him the AP when it's approved....and he tries to enter the states using that...there might be issues cos he left the USA without AP.

 

[PraetorianXI]

I heard of someone who left before the AP was approved. Someone mailed it to him and returned and was allowed back in without trouble. But that would be the exception, not the rule.

But then, what the instructions of I-131 say is that if you leave without it being approved, then you have abandoned your AOS application.

I am thinking he is in trouble and you will have to refile for him, as this I-485 will be deemed abandoned.