Revoked --expert opinion needed

G

GCHELP2003

Registered Users (C)
Let me give the details....I am the primary and my wife is a derivative benficiary.My wife's 485 is approved prior to my approval.She got her passport stamped almost 3 months ago and now they revoked her approval saying that it is approved prior to approving my petetion and is not valid.The letter also says that they will be sending the new approval notice after they correct their mistake.We booked out tickets for aug 28th to visit India prior to receiving this bomb shell.Her AP is valid upto november and her return ticket is for jan 2004.Now I would like to ask you guys 2 questions.
1.If she cannot get her new approval notice before 28th,can she travel on her old approval?What risks are involved?
2.If she applies for AP before leaving,can I mail it to her after AP approval,so that she can enter with it in jan 2004?
I would like to have some expert opinions...I contacted my attorney and I would like to hear from u guys before I hear from my attorney.
Thanks
 
There have been a few oddball cases where the derivative's I485 has gotten approved before the primary's. But the getting "revoked" is news--are you sure it has been "revoked?" What kind of notice did BCIS send you guys?
 
Guys!!Don't assume that just because you are approved ,you are done with this.BCIS can rescind(the word they use for revoking) your approvals anytime before you get your actual card,according to the letter we received.It could be because of our mistakes or their mistakes.My attorney mentioned the same to us..She said that ,today she will call them up and see if they are going to approve my wife's petetion anytime soon considering our travel...
May be it is odd,but it can happen....perhaps we are the best example...
 
Hi, I didn't mean to come across as insensitive with my question--just wanted to know what exactly BCIS wrote when it figured out that your beneficiary's I485 was approved "by mistake." This way forum members can learn something from it that's all.

Your wife's case is unfortunate and hope your attorney helps her get a quick AP. But the good news is that her I485 will get approved along with your's--good luck and thanks for sharing the post.
 
That's really odd, I think I have read in the past that derivative applicants were approved prior to primary's case. But this is the first I have heard about BCIS rescinding the approval. OH well, so much so are the mysterious ways BCIS works. They pounced on you when you least expected them to.

GCHELP2003 - sorry to hear about the grievances BCIS is imposing on you. So, right now, what status does that leave your wife on? Is she pending 485 again?

I am not sure if she can travel on her 'old' approval. That's a big risk to take, at the POE, she may not be able to get in. If she doesn't get her approval prior Aug 28, I think it wouldn't harm right now to go to the local BCIS and ask for an emergency AP and explained to them what happened. Best wishes.

Keep us posted on what's happening....
 
Yes, the best bet is to visit your local BCIS office ask for the emergency AP as well as their advice....though its going to cost you time and money but still its better to play safe..and also your attorney can give you the best advice..otherwise you can ask Murthy for her advice during chat session..just a second opinion....Good Luck..
 
My opinion:

Don't leave home without a valid document for return (either GC or AP). At least I would not take any such risk.

Thanks
 
The letter says we don't have to go for stamping again as it is a mistake on their part.It says they were able to find this error during a post audit session of approvals.It also says that we don't have to honour the instructions that will be sent with the new approval notice as she had already met the stamping criteria.....Her status online shows that on july 23 2003,we received the information regarding rfe and it takes.....Though it is not an rfe.The title of the letter is "Rescindence NOTICE OF I-485(PERMANENT RESIDENCE) ADJUSTMENT FOR XXXXX".Thanks u guys for the info and to let u know guys that she has her AP valid till 11/8/2003.Hopefully everything will be O.K by that time...
 
My guess, would be that the AP would have still been valid going by the definition of "rescind":

"restore the parties to the positions they would have occupied had there been no contract".

Basically its like they "Rewind" the proverbial tape, and you are back to what you were before they sent the letter.
 
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