went out of country- No ap - what to do ?

[rbalaji5]

Friends,
My dependents and me are 485 pending applicants. We made a decision to go back to India and the family went back already in last Nov. I didn't apply AP for them. I came back to U.S using my AP and working on EAD. Now they want to come back. They don't have AP and their 485 is pending here. I see there is a column to deliver AP outside of U.S, in I-131 form. can I apply AP for them with current U.S address?. or can I apply AP to deliver AP in Indian address ?. If there is no way to apply for AP now, can I apply B2 visa for them to enter into u.s as visitor and stay here even after i-94 expiry as they are AOS candidate. Pls shed some light. Thanks.

[sunny1000]

Your situation looks complicated. You should consult a GOOD immigration attorney. You can try posting your question in the lawyers section on this website and see if any of the lawyers respond.

Good luck.

[rbalaji5]

Thanks sunny for the reply. Anyone else who came across similar situation ?. Please advise me.

[snathan]

Originally Posted by rbalaji5

Friends,
My dependents and me are 485 pending applicants. We made a decision to go back to India and the family went back already in last Nov. I didn't apply AP for them. I came back to U.S using my AP and working on EAD. Now they want to come back. They don't have AP and their 485 is pending here. I see there is a column to deliver AP outside of U.S, in I-131 form. can I apply AP for them with current U.S address?. or can I apply AP to deliver AP in Indian address ?. If there is no way to apply for AP now, can I apply B2 visa for them to enter into u.s as visitor and stay here even after i-94 expiry as they are AOS candidate. Pls shed some light. Thanks.

When your I-485 is pending and if you leave the country without AP, it is considered you are abandoning your I-485. Moreover you can apply for AP only when you/the person is in the US. You can not apply for the AP for your family as the are out of the country. Also it seems their I-485 is no longer valid. B2 is not dual intent visa. So if you are planning to file AOS for them in the future, you can not file B2 for them now. You made a mistake of letting your family to leave withour AP/without consulting an attorney. Your situation is complicated and you need an attorney.

[glus]

hi,
Like the previous post. 485 is abandoned if one leaves the U.S. and if one has no approved AP at the time of departure, unless one had a dual intent, valid visa at the time of departure and the dual-intent visa is valid at the time one comes back into the u.s. There is no way to get AP in this case of yours. Maybe a good attorney could do something about this.