Left country with emergency AP, just got RFE for I-131 application

[americaninlove 381]

Hi, my husband has been waiting 5.5 months for his AP. We tried to expedite because his father is very ill and they said we could not because the case was already assigned. Instead tier 2 gave us an infopass appointment and he got an emergency AP for one time use to go see his dad. He left the country last week. This week his AP application changed online to “request for evidence sent.” Two days ago the letter came from USCIS saying they see he has left the country and that means he is abandoning his I-131 application. He has until the end of November to send proof that he did not leave the country. So...he has his AOS interview in four weeks. We will send a copy of the emergency AP back as “evidence” next week but I’m wondering if anyone else has ever had this happen!?! If his interview for green card is in four weeks it doesn’t really matter if his advanced parole application is denied, right? But will this affect his AOS interview? And could there be any issues with him coming back in the country next week? We are freaking out! 

 

Thank you for any info!

[geowrian 22,338]

I'm not so much aware of that specific set of circumstances happening (although it likely has happened before), but a copy of the expedited AP document should be sufficient to show that she did not abandon her application by departing the US.

As long as the existing AP remains valid, it should suffice to re-enter the US. No entry is guaranteed except for a US citizen, but I wouldn't expect an issue unless she became inadmissible while abroad (or tried to bring in drugs or something when she returns! lol).

Edited August 31, 2019 by geowrian
awful grammar fixed

[americaninlove 381]

14 minutes ago, geowrian said:

I'm not so much aware of that specific set of circumstances happen (although it like has before), but a copy of the expedited AP document should be sufficient to show that she did not abandon her application by departing the US.

As long as the existing AP remains valid, it should suffice to re-enter the US. No entry is guaranteed except for a US citizen, but I wouldn't expect an issue unless she became inadmissible while abroad (or tried to bring in drugs or something when she returns! lol).

Thank you. So you don’t think it will affect the AOS interview? I’m not sure how they don’t know about their own office issuing the emergency AP!!

[geowrian 22,338]

8 minutes ago, americaninlove said:

Thank you. So you don’t think it will affect the AOS interview? I’m not sure how they don’t know about their own office issuing the emergency AP!!

Depending on the timing, it probably didn't get caught in time. Even within their own systems, there is a lag. 🤷‍♂️

[Teemo 252]

7 hours ago, americaninlove said:

 If his interview for green card is in four weeks it doesn’t really matter if his advanced parole application is denied, right? But will this affect his AOS interview? And could there be any issues with him coming back in the country next week? We are freaking out! 

 

Thank you for any info!

It matters because they would deny the whole application if they think he has abandoned his application, not just the AP. So send in the evidence and also bring in the evidence to the AOS interview

[americaninlove 381]

6 hours ago, Teemo said:

It matters because they would deny the whole application if they think he has abandoned his application, not just the AP. So send in the evidence and also bring in the evidence to the AOS interview

I will for sure when I’m back in the country next week. But since they said he has until end of November to reply, and his interview is end of September, it’s not likely they will deny his application before the interview, is it?

[Teemo 252]

4 hours ago, americaninlove said:

I will for sure when I’m back in the country next week. But since they said he has until end of November to reply, and his interview is end of September, it’s not likely they will deny his application before the interview, is it?

Agreed

[geowrian 22,338]

Also agreed.