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swaminathan17

Received GC but left US 4 months back without AP

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I applied for my parents 130/GC/AP in Aug'18 while they were in US on B2 VISA (validity until 2024)

6month VISA ended in September. However they stayed in US because of pending 485 application

Completed fingerprinting in October

Due to some emergency, they had to leave US in November. Emergency AP was denied in local USCIS office even though the intent was genuine

I-131 RFE issued in March asking for evidence of stay or departure.

GC approved and card sent in April'19

 

Please help me with the next steps. Will there be a problem while entering the US?

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You need to talk to a lawyer to confirm that travel without AP nullifies the AOS and hence they will need consular processing.

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On 4/23/2019 at 11:25 PM, swaminathan17 said:

I applied for my parents 130/GC/AP in Aug'18 while they were in US on B2 VISA (validity until 2024)

6month VISA ended in September. However they stayed in US because of pending 485 application

Completed fingerprinting in October

Due to some emergency, they had to leave US in November. Emergency AP was denied in local USCIS office even though the intent was genuine

I-131 RFE issued in March asking for evidence of stay or departure.

GC approved and card sent in April'19

 

Please help me with the next steps. Will there be a problem while entering the US?

No issues.. they can come with GC (you can send card with known friends or your self).

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9 hours ago, Lokesh123 said:

No issues.. they can come with GC (you can send card with known friends or your self).

Hmm, no. Travel abroad without AP cancels the I-485, so the approval looks to be in error. Using the GC could be considered immigration fraud.

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On 4/23/2019 at 9:25 PM, swaminathan17 said:

I applied for my parents 130/GC/AP in Aug'18 while they were in US on B2 VISA (validity until 2024)

6month VISA ended in September. However they stayed in US because of pending 485 application

Completed fingerprinting in October

Due to some emergency, they had to leave US in November. Emergency AP was denied in local USCIS office even though the intent was genuine

I-131 RFE issued in March asking for evidence of stay or departure.

GC approved and card sent in April'19

 

Please help me with the next steps. Will there be a problem while entering the US?

Hi, Can you please update on the status? What was the conclusion? 

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