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I-485 got denied

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Old Dec 1st 2006, 1:56 pm
  #1  
Kosmonaft
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Default I-485 got denied

Our I-485 got denied while mom is outside of U.S. and is planning on
coming by a parole document issued to her based on the 485 petition.
Parole obviously doesn't expire until the end of the year I think.
Will she be able to come back to U.S>
 
Old Dec 1st 2006, 2:37 pm
  #2  
Joe Feise
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Default Re: I-485 got denied

kosmonaft wrote on 12/01/06 18:56:

    > Our I-485 got denied while mom is outside of U.S. and is planning on
    > coming by a parole document issued to her based on the 485 petition.
    > Parole obviously doesn't expire until the end of the year I think.
    > Will she be able to come back to U.S>


No. All that stuff automatically becomes invalid when the I-485 is denied.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old Dec 2nd 2006, 1:12 am
  #3  
Kosmonaft
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Default Re: I-485 got denied

Is there a grace period or anything like that? This just doesn't make
any sense. If there is a risk that while your I-485 is pending and
once it gets denied, you can't come back, seems like it's a very
risky thing to do to travel on it. My dad had two I-140s pending and
both got denied just around Thanksgiving. My mom was supposed to come
back this Tuesday on her travel document. She's otherwise on O-3
status. If she were to go to the consulate to get that O-3 stamped in
her passport, would she need to present an original O-3, or a copy of
it? I'm afraid she didn't take the original with her.

Joe Feise wrote:
    > kosmonaft wrote on 12/01/06 18:56:
    > > Our I-485 got denied while mom is outside of U.S. and is planning on
    > > coming by a parole document issued to her based on the 485 petition.
    > > Parole obviously doesn't expire until the end of the year I think.
    > > Will she be able to come back to U.S>
    > No. All that stuff automatically becomes invalid when the I-485 is denied.
    > -Joe
    > --
    > I am not a lawyer.
    > For reliable advice, consult a competent immigration attorney.
 
Old Dec 2nd 2006, 2:40 am
  #4  
Joe Feise
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Default Re: I-485 got denied

kosmonaft wrote on 12/02/06 06:12:

    > Is there a grace period or anything like that?


No.

    > This just doesn't make
    > any sense. If there is a risk that while your I-485 is pending and
    > once it gets denied, you can't come back, seems like it's a very
    > risky thing to do to travel on it.


Why would it be risky?

    > My dad had two I-140s pending and
    > both got denied just around Thanksgiving.


Denials don't happen out of the blue. If a case is solid, the risk for a denial
is very low.
Conclusion: the I-140s were flaky to begin with.

    > My mom was supposed to come
    > back this Tuesday on her travel document. She's otherwise on O-3
    > status. If she were to go to the consulate to get that O-3 stamped in
    > her passport, would she need to present an original O-3, or a copy of
    > it? I'm afraid she didn't take the original with her.


I don't know, but she will need a visa to come back.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old Dec 2nd 2006, 4:07 am
  #5  
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Default Re: I-485 got denied

Originally Posted by Kosmonaft
If there is a risk that while your I-485 is pending and
once it gets denied, you can't come back, seems like it's a very
risky thing to do to travel on it.
Yes, there is always some kind of risk when traveling on AP. If something happens to your I-485 (such as a denial), you are stuck. People who travel on AP should know the risk and decide accordingly whether to travel or not.

Rene
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Old Dec 4th 2006, 5:31 am
  #6  
felmuhur
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Default Re: I-485 got denied

kosmonaft wrote:
    > Our I-485 got denied while mom is outside of U.S. and is planning on
    > coming by a parole document issued to her based on the 485 petition.
    > Parole obviously doesn't expire until the end of the year I think.
    > Will she be able to come back to U.S>

I agree with Joe.
 
Old Dec 4th 2006, 6:42 am
  #7  
Kosmonaft
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Default Re: I-485 got denied

She went to the American consulate today and they told her that she
can fly back by using her travel document... what's the deal?


[email protected] wrote:
    > kosmonaft wrote:
    > > Our I-485 got denied while mom is outside of U.S. and is planning on
    > > coming by a parole document issued to her based on the 485 petition.
    > > Parole obviously doesn't expire until the end of the year I think.
    > > Will she be able to come back to U.S>
    >
    > I agree with Joe.
 

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