Reg.I-485 and G-28 (Can Lawyer withdraw 485)

B

baby_mde

Registered Users (C)
Experts,

Our I-140 is approved and 485 is pending since 2 years. When the Lawyer filed 485 we have signed G-28 form. I understand that the G-28 is kind of power of attorney and Lawyer is representing us.

Because we signed G-28 for 485, can Lawyer has a right to withdraw 485 application without applicant signing the another G-28 form?

Why I am asking this question is, I am going to visit my parents and coming back to US in April 2005 with Advance Parole (this Advance Parole is valid until Dec 2007).

Unfortunately, by various means if 485 is denied or withdrawn while I am outside of the US, still can I enter into the United States with Advance Parole before Dec 2007?

Please share your thoughts
 
iak65 said:
you can not if I-485 is denied or withdrawn
Click to expand...

So that means entering using AP may be bit risky unless we know that nothing happens to 485.

Could you tell me, can Lawyer withdraw 485 without applicant knowledge??
 
I 485 is absolutely in your property.
I am not sure that attorney can withdraw I 485 without your notice or not but no professional attorney will do so without client notice. It is seriour professional misconduct and one can sue for that. I don't see any one can do that.



baby_mde said:
So that means entering using AP may be bit risky unless we know that nothing happens to 485.

Could you tell me, can Lawyer withdraw 485 without applicant knowledge??
Click to expand...
 
But what if the attorney is being paid by the company and not the individual?

My company is paying for everything, I-485, EAD, AP and all and they made me sign G-28 on everything. Theoretically they could tell the attorney who is paid by them to withdraw the I-485 and I'd be screwed. I don't think they would actually do that, but they might want to do it if I changed jobs, so I'd have to revoke the G-28 first if I ever decide to resign before getting the GC.
 
You can apply G-28 ASAP if you are thinking to change the job. I don't know when you can trigger AC21?
 
Well, I am only thinking hypothetically because I am not planning to change jobs anytime soon. I am working for a Fortune 500 company with good salary and benefits. However, I don't think I will stay with them forever, so depending on how long the GC takes to come I may eventually leave them before the GC approval.
 
Jackolantern said:
But what if the attorney is being paid by the company and not the individual?

My company is paying for everything, I-485, EAD, AP and all and they made me sign G-28 on everything. Theoretically they could tell the attorney who is paid by them to withdraw the I-485 and I'd be screwed. I don't think they would actually do that, but they might want to do it if I changed jobs, so I'd have to revoke the G-28 first if I ever decide to resign before getting the GC.
Click to expand...

I was reading on Advance Parole document, it says that -- the bearer had left the country and inted to return to US to resume the processing adjustment of status application.

That means if somebody send a 485 withdraw application after you left, USCIS should not withdraw application, because you have left and processing has been stopped. I am right???
 
You must log in or register to reply here.
Top