Very Important RTD vs AP

A

ashgajo

Registered Users (C)
I just want to share this with you guys,,

i was talking to my lawyer regarding the RDT vs the AP and he told me if you use AP to travel then you give up your right to adjust ur status based on any other category,, means you have to wait for ur pending application, you cant switch to work base green card for example, even if you got married to American citizen still you cant switch to different category..

I hope this help

Would guys ask your lawyers about this second opinion is always good.
 
ashgajo said:
I just want to share this with you guys,,

i was talking to my lawyer regarding the RDT vs the AP and he told me if you use AP to travel then you give up your right to adjust ur status based on any other category,, means you have to wait for ur pending application, you cant switch to work base green card for example, even if you got married to American citizen still you cant switch to different category..

I hope this help

Would guys ask your lawyers about this second opinion is always good.
Click to expand...
What is AP? :(
 
This has been discussed in different forums.

I believe what your lawyer has told you is not true.

By using AP you are simply exercizing your right as a legal alien with pending adjustment application. This does not mean that you are giving up your asylee status. The law is clear on the reasons/facts that will prompt INS to take away your asylee status, and using AP after you apply for your GC is NOT one of them.
I am pretty sure it will not be a reason for "not being able to apply to other categories of adjustments". This just does not make sense to me.

I have seen postings of several people who have used both RTDs and APs and nothing has changed in their status or anything else.
 
lusiks said:
This has been discussed in different forums.

I believe what your lawyer has told you is not true.

By using AP you are simply exercizing your right as a legal alien with pending adjustment application. This does not mean that you are giving up your asylee status. The law is clear on what will prompt INS to take away your asylee status, and using AP after you apply for your GC is NOT one of them.
I am pretty sure it will not be a reason for "not being able to apply to other categories of adjustments". This just does not make sense to me.

I have seen postings of several people who have used both RTDs and APs and nothing has changed in their status or anything else.
Click to expand...

I did not say that you will be giving up ur asylee status or anything will happen to you
 
Ok, still it does not make sense. The law allows you to have more than one I-485 application at a time based on different categories. If you travel on AP based on pending application #1, come back, do to application #2, get another AP based on that one, I don't see any violation here. As long as you are in lawful status between your applications and do not commit a punishable crime, I do not see a problem. You can check the I-485 application form yourself - does it say anywhere that if you have travelled on AP previously you become ineligible for another application?
 
lusiks said:
Ok, still it does not make sense. The law allows you to have more than one I-485 application at a time based on different categories. If you travel on AP based on pending application #1, come back, do to application #2, get another AP based on that one, I don't see any violation here. As long as you are in lawful status between your applications and do not commit a punishable crime, I do not see a problem. You can check the I-485 application form yourself - does it say anywhere that if you have travelled on AP previously you become ineligible for another application?
Click to expand...


It doesnt make sense to me either, that is why i want you guys to ask your lawyers to confirm.

Thanks
 
IF you use AP to travel..it means YOu use your national passport which means you renewed it..Which means YOu can't adjust because You have renewed ties with your home country....It would mean if you were to get interview for your Asylee application..it may be denied because you renewed your country's passport..?
 
I used my national passport but i did not renew it. it is still valid, my asylum was granted in 1999. i have I485 pending since 8/2001
 
Welll whichever I-485 is processed first..Just follow that procedure..! and you will be ok...Usually getting an AP means that you dont forfeit your GC application..I thought i read that somewhere..
 
You must log in or register to reply here.
Top