Impact of Denied Advance Parole on I-485 (Currently on L1 A visa)

[gjainnk]

Hi,

I am on L1A visa and is valid up to 2019.

My attorney filed for I-797, I-131 and I-485 for green card in May 2017.

I travelled outside USA in July 2017 after my attorney confirmed that there should not be any impact on the above applications.

In Nov 2017, I received approval on I-797 (EAD) but denial on I-131(Advanced Parole). I'm not sure what implication it has on my green card application, I 485 and future travels in-out US.

Please suggest.

[thor_great]

Hi,

I am on L1A visa and is valid up to 2019.

My attorney filed for I-797, I-131 and I-485 for green card in May 2017.

I travelled outside USA in July 2017 after my attorney confirmed that there should not be any impact on the above applications.

In Nov 2017, I received approval on I-797 (EAD) but denial on I-131(Advanced Parole). I'm not sure what implication it has on my green card application, I 485 and future travels in-out US.

Please suggest.

Hello,
I'm in the similar boat, but my AP/EAD is still pending (AP denied for my kids, probably the same for me).
I've talked with layers, my understanding is that AOS is still ok and ongoing, L and H visas are ok, for other it would be abandoning of aos case. If you go outside US and return after your L visa expires - your aos will be counted as abandoned too. So basically you can't go outside the US until new AP will be approved. In my case layer submitted a new AP application.

Curious - what is your service center and how they replied - did they do AP and EAD simultaneously? I filled with Nebraska, 07/03. Case is still in "was received" status.

Regards

[sasvi]

Hello,
I'm in the similar boat, but my AP/EAD is still pending (AP denied for my kids, probably the same for me).
I've talked with layers, my understanding is that AOS is still ok and ongoing, L and H visas are ok, for other it would be abandoning of aos case. If you go outside US and return after your L visa expires - your aos will be counted as abandoned too. So basically you can't go outside the US until new AP will be approved. In my case layer submitted a new AP application.

Curious - what is your service center and how they replied - did they do AP and EAD simultaneously? I filled with Nebraska, 07/03. Case is still in "was received" status.

Regards

I filled with Nebraska on 05/22. The EAD/AP arrived 120 days after...long wait but OK.

I filled I-140, I485, I-131 and 765. In between filling and receiving the Combo Card, I traveled twice to outside US and re-entered with my visa. My AP was not denied. Anyway, travel is part of my duties in my job and staying 120 days without it sounds just crazy...I am not aware that they are denying AP since the visa is still valid. Actually I checked not only with my lawyer but in the USCIS website as well - both confirmed that if my visa conditions were still valid, the traveling would not impact the EAD/AP/AOS process.

I am not sure what you have to do...maybe consider to reapply? Or an appeal?

[thor_great]

I filled with Nebraska on 05/22. The EAD/AP arrived 120 days after...long wait but OK.

I filled I-140, I485, I-131 and 765. In between filling and receiving the Combo Card, I traveled twice to outside US and re-entered with my visa. My AP was not denied. Anyway, travel is part of my duties in my job and staying 120 days without it sounds just crazy...I am not aware that they are denying AP since the visa is still valid. Actually I checked not only with my lawyer but in the USCIS website as well - both confirmed that if my visa conditions were still valid, the traveling would not impact the EAD/AP/AOS process.

I am not sure what you have to do...maybe consider to reapply? Or an appeal?

Thank you sasvi,

Denial of AP is a relatively new thing. I was also advised by my layers before trip that it should be safe, however from the end of August 2017 USCIS started to deny AP applications, so it might be that you were lucky and AP processing done before this new thing started. For my kids denial notice based on instruction in the latest version of form I-131, which indicates that the application will be denied if the applicant travels before it is adjudicated.

I'm going to re-apply for AP, luckily I don't need to travel often.