Denial of AOS (I-485)

[m.kiley 0]

Hi there, this is my very first post to Visa Journey. It's been 6 years since we first applied for the AOS and this evening I received the denial notice. The reason why: my dad's the principal and they rejected the application because they said he wasn't approved for Advance Parole (we have a copy of that AP with the lawyer). However it says I may appeal using form I-290B within 30 days. It also says if I am no longer in a valid status I must depart the United States. Can I stay during the entire appeal process? Will they deport me? We'll hopefully get some answers tomorrow from our immigration lawyer, but right now I'm so worried I can't sleep.

I hope someone can help, and thanks in advance.

[eau_xplain 2]

What visa did you have while your AOS was pending? Is it still valid?

[Minya's wife 25]

Hi there, this is my very first post to Visa Journey. It's been 6 years since we first applied for the AOS and this evening I received the denial notice. The reason why: my dad's the principal and they rejected the application because they said he wasn't approved for Advance Parole (we have a copy of that AP with the lawyer). However it says I may appeal using form I-290B within 30 days. It also says if I am no longer in a valid status I must depart the United States. Can I stay during the entire appeal process? Will they deport me? We'll hopefully get some answers tomorrow from our immigration lawyer, but right now I'm so worried I can't sleep.

I hope someone can help, and thanks in advance.

This sentence doesn't make sense....what would AP have to do with the Green Card, unless you left the country while AOS was being processed and did not obtain AP (or at leas that's what they're saying)??

Some info seems to be missing here....

But to answer your question...if you currently have legal status to stay in the US (unexpired visa or EAD) you can continue staying. I'm not sure if you will be able to stay during the appeals process since it depends on the validity of the document upon which you're basing your legal status. (If for example your visa expires in 5 months, then upon its expiration you will be out of status unless you obtain a stamp in your passport allowing you extended stay.) As far as I know there is no specific temporary legal residence granted to someone's who's appealing a denial of AOS.

Good luck,

-P

[Nanusia & Lukaszek 0]

We need some more clarification on why AOS was denied in order to help you... I don't get what the AP has to do with rejection of AOS.

I read from a VJ poster a while back that the deportation proceedings were halted when the appeal process began. Meaning that he/she was allowed to stay in the US until the outcome of the appeal process was figured out. They also indicated that the process took years....

[pervez 4]

Hi there, this is my very first post to Visa Journey. It's been 6 years since we first applied for the AOS and this evening I received the denial notice. The reason why: my dad's the principal and they rejected the application because they said he wasn't approved for Advance Parole (we have a copy of that AP with the lawyer). However it says I may appeal using form I-290B within 30 days. It also says if I am no longer in a valid status I must depart the United States. Can I stay during the entire appeal process? Will they deport me? We'll hopefully get some answers tomorrow from our immigration lawyer, but right now I'm so worried I can't sleep.

I hope someone can help, and thanks in advance.

Yes further clarification is needed.

But as I understand this, then the writers father was the principal immigrant(K3) and the writer a child(under K-4). The only thing to do with AP I can see is if the principal immigrant, the father, left the US without AP and was thus considered abandoning the application for AOS, and thereby also for all those immigrating with him as well(his children).

That would be grounds for considering the application abandoned, and is the only sense I can get out of the posting.

But clarification is needed.

Edited January 11, 2008 by pervez

[Minya's wife 25]

Hi there, this is my very first post to Visa Journey. It's been 6 years since we first applied for the AOS and this evening I received the denial notice. The reason why: my dad's the principal and they rejected the application because they said he wasn't approved for Advance Parole (we have a copy of that AP with the lawyer). However it says I may appeal using form I-290B within 30 days. It also says if I am no longer in a valid status I must depart the United States. Can I stay during the entire appeal process? Will they deport me? We'll hopefully get some answers tomorrow from our immigration lawyer, but right now I'm so worried I can't sleep.

I hope someone can help, and thanks in advance.

Yes further clarification is needed.

But as I understand this, then the writers father was the principal immigrant(K3) and the writer a child(under K-4). The only thing to do with AP I can see is if the principal immigrant, the father, left the US without AP and was thus considered abandoning the application for AOS, and thereby also for all those immigrating with him as well(his children).

That would be grounds for considering the application abandoned, and is the only sense I can get out of the posting.

But clarification is needed.

That's what I understood also...but then the OP's father must be a member of a VWP country, otherwise I don't see how he would be able to get back in the US, if they left without AP. Or somehow the holder of a tourist visa??? I dunno...

[eau_xplain 2]

Father could not be a K3 as it is a multiple entry visa and does not need AP for re-entry.

[Minya's wife 25]

Father could not be a K3 as it is a multiple entry visa and does not need AP for re-entry.

Aha, I see your poing...but then why would the lack of AP be a factor in denial of I-485? Is AP still a requirement if you're adjusting status off a K-3? (I guess I don't really undertand why the K-3 is multiple entry and the K-1 isn't then....)

-P