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Any guidance to file the motion or how to handle this I-485 denied letters for my family due to lack of physical presence when I filed their AOS application.
Background:
I filed AOS on Dec 04, 2015 for myself and family. We all got our EAD cards and Parole (I-131) approvals in Feb 2016. I later got my green card in march 2016, however my family green card denied on the basis that they were not physically present at the time when I filed their AOS application.
Timeline
1999 - I applied for the green card but left USA on Dec 30 2001 to get our Canadian passport.
2006 - applied for green card again but I changed that company
2008 - applied again H1-B visa and green card with company A but switched to G-4 visa on 2009
2015 - joined the same company A and got my green card.
2016 - my family green card denied as the kids (19 and 22 years) are studying in Canada. When I applied my elder daughter was under 21.
2016 - I am planning to apply their AOS again but one of my daughter is over 21 years old. Should I first file a motion that my family were in USA on Dec 30, 2000 [ I have my kids school records, US driving license, tax returns for 2000 and 2001, doctors vaccination records from US during 2000.
Please help!
1) If I file again new application do I have to file EAD and I-131 also [ Their EAD and Parole cards are valid till Feb 2017]
2) Should they wait till their new parole documents come or they can leave USA after filing the AOS? Otherwise my kids have to drop this year college study to wait in the USA for new EAD and Parole
3) If I file a motion can I use sec 245 ( https://www.uscis.gov/sites/default/...Act_032301.pdf) or any guidance to present my motion
Thanks,
Abdul
Background:
I filed AOS on Dec 04, 2015 for myself and family. We all got our EAD cards and Parole (I-131) approvals in Feb 2016. I later got my green card in march 2016, however my family green card denied on the basis that they were not physically present at the time when I filed their AOS application.
Timeline
1999 - I applied for the green card but left USA on Dec 30 2001 to get our Canadian passport.
2006 - applied for green card again but I changed that company
2008 - applied again H1-B visa and green card with company A but switched to G-4 visa on 2009
2015 - joined the same company A and got my green card.
2016 - my family green card denied as the kids (19 and 22 years) are studying in Canada. When I applied my elder daughter was under 21.
2016 - I am planning to apply their AOS again but one of my daughter is over 21 years old. Should I first file a motion that my family were in USA on Dec 30, 2000 [ I have my kids school records, US driving license, tax returns for 2000 and 2001, doctors vaccination records from US during 2000.
Please help!
1) If I file again new application do I have to file EAD and I-131 also [ Their EAD and Parole cards are valid till Feb 2017]
2) Should they wait till their new parole documents come or they can leave USA after filing the AOS? Otherwise my kids have to drop this year college study to wait in the USA for new EAD and Parole
3) If I file a motion can I use sec 245 ( https://www.uscis.gov/sites/default/...Act_032301.pdf) or any guidance to present my motion
Thanks,
Abdul
