Notice to Appear in front of Immigration Judge


Recommended Posts

My brother is on EAD/AP (I-485 is pending).  EAD/AP and I-485 were applied in 2022 and EAD/AP approved in September 2022.

EAD is valid until September 2024.  AP was valid until September 2023.
He lives in Texas and went to Mexico in May 2023 by road and got seal with AP extended up to May 2024.

He went to India in Dec 2023 and came back in Jan 2024.  He was stopped at the airport for 8 hours and given Notice to Appear in front of Immigration Judge in June 2024 for removal proceedings.

What are his options now ?  

NOTE:  His wife is on the same I-485/EAD/AP and she didn't go to India.

Link to comment

It sounds like he confused an Advance Parole document, with the period of stay granted when one enters on parole. It's analogous to a visa and status -- visa only needs to be valid at the date of entry, and you can be admitted on your I-94 for a stay that is past the expiration date of the visa. But just because you have an I-94 valid until a certain date, doesn't mean you have a visa until that date -- if your visa is expired, if you leave the US and wish to re-enter, you will need to get a new visa, even if the I-94 granted on your previous stay hadn't expired yet.

It's the same with him -- when he was paroled into the US, he was granted an I-94 as a parolee until May 2024. But that doesn't mean he had an Advance Parole until May 2024. His Advance Parole expired in September 2023. He would have needed to apply to renew his Advance Parole if he wanted to leave and re-enter the US after September 2023 while his I-485 was pending. When he left in December 2023, he didn't have an Advance Parole, which means his I-485 was automatically abandoned. He then tried to enter the US without a visa or Advance Parole; that's why he was denied entry. In fact, the airline shouldn't have even let him board a flight to the US, since he didn't have a visa or Advance Parole.

At this point, I think he should consult an immigration lawyer. But my guess is his best option may be to ask for Voluntary Departure, and switch to Consular Processing for an immigrant visa in India. If his wife is his derivative beneficiary for immigration, then her I-485 would be denied also, and she would also have to go to India to do Consular Processing. Or, if they have an active H1b or L1 petition, perhaps they can get the corresponding type of visa, re-enter the US on that, and file I-485 again.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...