Entering US on B2 instead of AP while AOS Pending

[ktr944]

We initiated the GC process for my parents, and applied for I-130/I-485 and also applied for AP. After they got their AP, they travelled to India. However, when they re-entered, they came on B2 instead of AP. Since, they don't know english, they presented password (which has visitor visa stamped), the Officer stamped on passport with B2. What are the implications of entering US on B2 instead of AP while AOS is pending ?

[JoeF]

They I-485s are canceled.

 

[newacct]

15 hours ago, ktr944 said:

We initiated the GC process for my parents, and applied for I-130/I-485 and also applied for AP. After they got their AP, they travelled to India. However, when they re-entered, they came on B2 instead of AP. Since, they don't know english, they presented password (which has visitor visa stamped), the Officer stamped on passport with B2. What are the implications of entering US on B2 instead of AP while AOS is pending ?

They should contact a CBP office and get it corrected; otherwise, their AOS could be considered to have been abandoned.

[pontevecchio]

In addition to the sage advise in the previous replies, get hold of a lawyer soon and decide the next steps. They may need to leave soon and you may need to refile their GC or change to Consular Processing. 

[immijam]

On 12/6/2018 at 6:55 PM, ktr944 said:

We initiated the GC process for my parents, and applied for I-130/I-485 and also applied for AP. After they got their AP, they travelled to India. However, when they re-entered, they came on B2 instead of AP. Since, they don't know english, they presented password (which has visitor visa stamped), the Officer stamped on passport with B2. What are the implications of entering US on B2 instead of AP while AOS is pending ?

Using B2 (Visitor) to enter, when GC in adjudication could also be perceived as visa fraud by immigration, although unintentional. The current I-485 maybe gone, but make sure you inform them about the error on your or their part in entering on B2. Bad luck, but this is no excuse. Immigration is one thing you need to be careful with.