Calgarian_Hunter

I had a pending I-485 and needed to travel out of the US. I applied for an AP document which was approved. While i was out of the US with my approved AP, my I-485 got denied and i appealed through an EOIR-29 within the required 30days you had to appeal.

I am still out the US now, and my question is that can i go back to the US with my AP which is valid till 2013?


I would really appreciate everyones contribution.

Bob

I moved this to the visa section, where you might get more help.

Though I have a feeling this is, along with the appeal process is something best suited to a experienced immigration lawyer, because this is not something that crops up often and usually certainly not a DIY event.

My personal feeling is you probably can't because the AP is valid while you have a decision being made and becomes void when you were denied, but I could well be wrong on that presumption.

Noorah101

I agree with Bob...we haven't run across that scenario much on these forums, so best to check with an immigration attorney.

But my guess would also be that your AP is currently not valid, because when your I-485 was denied, the AP immediately became void.

I am not sure it is still valid during an appeal process.

Rene

dreamercon

The Samirah v. Holder case decided by judge Posner may be relevant in this case.

Also, see the HASSAN v. CHERTOFF case, which may be even more relevant. Bottom line is that you are likely out of luck.

Moreover, in most cases an I-485 denial can not be appealed. And EOIR-29 does not apply to appealing an I-485 denial. It would be helpful to say what was the basis for your adjustment of status.

Noorah101

And also why the I-485 was denied.

Rene

S Folinsky

Unfortunately, your post does not make sense. There is not appeal from the denial of an I-485.

That said, there IS an appeal for a denial of an I-130, and that is filed on form EOIR-29.

I recommend you talk to your lawyer about this.

Calgarian_Hunter

Thanks all,

all the information provided has been helpful.