Mother went back to India and entered on B2 visa while 485 was pending without AP

[GEOntificator 281]

"We applied for 485 for my mother while she was in US but since things were not moving and she was near her 6 month stay limit she went back"

 

Doesn't filing I-485 grant an authorized stay? What am I missing here?

[Boiler 45,449]

1 minute ago, Ritzrulz said:

By consular processing you mean she goes back to India and requests at a US embassy in India for her I-130 

That is what you mentioned.

[Boiler 45,449]

1 minute ago, kvito28 said:

"We applied for 485 for my mother while she was in US but since things were not moving and she was near her 6 month stay limit she went back"

 

Doesn't filing I-485 grant an authorized stay? What am I missing here?

Yes but she decided to leave. Without AP.

[Ritzrulz 6]

12 minutes ago, Boiler said:

Yes but she decided to leave. Without AP.

The problem would be manageable had she just left and was in India. But now she is back in US since Nov 22 and she entered on B2 visa where CBP didn’t question her. So to do CP she will have to go back. Lawyer is suggesting we do another 485 filing and in the reason mention that she went to India on her previous application. 

[Boiler 45,449]

4 minutes ago, Ritzrulz said:

The problem would be manageable had she just left and was in India. But now she is back in US since Nov 22 and she entered on B2 visa where CBP didn’t question her. So to do CP she will have to go back. Lawyer is suggesting we do another 485 filing and in the reason mention that she went to India on her previous application. 

Well she was inspected, was let in. I 485 does not need a reason, best to have a Lawyer at the interview if you go this way.

[mytruelove18 608]

Better apply for a new aos,because the first one was abandoned, since she left the country,they will find out soon or later

[Rocio0010 5,579]

21 minutes ago, mytruelove18 said:

Better apply for a new aos,because the first one was abandoned, since she left the country,they will find out soon or later

That’s the least of the concerns now. The problem is that on her last entry she entered on a B1 B2 with the intent to adjust 

[Family 3,988]

1 hour ago, mytruelove18 said:

Better apply for a new aos,because the first one was abandoned, since she left the country,they will find out soon or later

Agreed. Mom will be fine as long as you present the mistake you made as you clarified in your post. I would simply file a new I-485 ASAP ( as in today). Explain on the last page of the I-485 that she travelled without AP and you now learned previous I-485 will be deemed abandoned. 
 

No need to call USCIS or take any other steps to tell them or do a formal withdrawal. JUST FILE new I-485 now..

[Sm1smom 250]

OP - echoing what a few other responders already stated above. Since your mom is already back in the US, withdraw the pending I-485 and file a new one. The pending I-485 will eventually be deemed abandoned and subsequently denied, so you might as well withdraw it niw and file a new one. And this time around, ensure your mom does not depart from the US until after I-485 approval. 

[SalishSea 17,803]

4 hours ago, Ritzrulz said:

I was told by the lawyer that the USCIS will know that she has traveled outside. Even if she for some magical reason sails through the consular process she may face problems later or during her citizenship. Does CP provide any benefit or allow her to explain that she left as a mistake unknowingly. (I know it sounds foolish but honestly we missed it and that’s it we don’t want to make stories around it)

No.   You are responsible for knowing the rules.   It is a messy situation, and you may well have added several years to the process.

[Noname93 200]

1 hour ago, Family said:

Agreed. Mom will be fine as long as you present the mistake you made as you clarified in your post. I would simply file a new I-485 ASAP ( as in today).

But wouldn't that be fraud? To enter on a tourist visa, say she plans to return to her country knowing that that was never the plan? The first time AOS was filed it she might not have had immigration intent, but this time she definitely did.

[SalishSea 17,803]

2 minutes ago, Noname93 said:

But wouldn't that be fraud? To enter on a tourist visa, say she plans to return to her country knowing that that was never the plan? The first time AOS was filed it she might not have had immigration intent, but this time she definitely did.

Most definitely fraud.   The plans didn’t “change” once inside the US.   It was always the plan to adjust.   Such a disservice to those who are waiting their turns in that long Mumbai queue…

[Daphne . 1,852]

9 hours ago, Ritzrulz said:

She showed her ticket when she was asked when is she returning back. So by May 2023

 

 

This could be considered misrepresentation because she never intended to go back when she was admitted..

[Rocio0010 5,579]

8 hours ago, Family said:

Mom will be fine as long as you present the mistake you made as you clarified in your post.

But she commited fraud, didn’t she?

[davidvs 337]

13 hours ago, Rocio0010 said:

That’s the least of the concerns now. The problem is that on her last entry she entered on a B1 B2 with the intent to adjust 

Maybe not if she leaves in May on her return ticket?