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Consulting

Left the country without advanced parole while i485 pending and re-entered as a visitor (i know dumb). Got an green card interview next week. Is it a 100% denial? Or any chance uscis didnt notice.

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Speechless 🤦🏻‍♂️

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Talk to and take a lawyer with you. They can help you craft a good statement/excuse for it and prepare options. Nothing is impossible with a good lawyer lol

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When you have an application for a green card, you're not allowed to leave the country without notifying customs and immigration services by a paper form and obtaining a document (advanced parole) authorizing you to leave and come back to the country while your application is pending. If you don't have that document and have the country, USCIS considers the green card application abandoned. To be fair, the application states that clearly and any Google search would confirm it too but OP didn't know that apparently and now USCIS may deny the application based on that violation. That being said, there are always loopholes and you should definitely seek a lawyer asap if your interview is next week.

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They get notifications once you book your tickets even if you don't leave the country. That will be a problem. It will be presented during the interview and you have to prove that u did not abandon your case. Lawyer up I will suggest.

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Deloitte lawyer told me that I might get lucky or get some leniency but it is a long shot.

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I am sorry - I am not very knowledgeable about this topic. When you say reentered as visitor, what does that mean and why is it a problem? What should you have done instead?

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I'm sorry OP, it's rough that a mistake like this is gonna cost you long term. Good luck.

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Any update OP on how it went ?

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Lol yea ur basically hopeless

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Honestly it’s a difficult situation unless u can justify (personal / medical emergency or smthng).

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Can someone explain or provide context?

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As soon as you enter the US as a visitor, which is not a dual intent visa, your i485 is considered abandoned. A situation I was not aware of when I left the usa. I am thinking that is interview is to find out if I left due to an emergency situation which is not the case and therefore will get denied.

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So at what point is this applicable? I am very early in the process and expecting to get my i140 by the end of the year. Does that mean I can’t leave the country from that point on without advanced parole?

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M2 - immigration lawyers will tell you when you can travel / when you need the AP doc.

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@Accenture1- thanks for the insight! What about emergency situations when you might have to go back to your home country and can’t wait for providing any notice or a heads up! Thoughts ?

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I was on EAD status for 11 years and I know it is cumbersome to file for extension year after year but it needs to be done. Fortunately Deloitte pays for it and all we need to do is, stay on top of it. I think you can file for extension 120 days before expiry. When we had Fragomen they were fantastic, on top of my case. After GGS took over I was starting my process 6 months before expiry so that I have my documents in hand before the doc expired.

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There is an emergency form where they issue the document within a week or so

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