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I-485 Denied while travelling to India on AP / visitor visa expires on april 17 2017

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  • I-485 Denied while travelling to India on AP / visitor visa expires on april 17 2017

    hi All,


    Did anyone of you have seen or been in this situation?


    My dad is in india traveling on AP for a surgery and while he was in India , the I-485 was denied.
    Now is it okay for my dad to travel back to america before april 17th and re start the process?

    will he been questioned at the port of entry to enter into the country (USA ) since he had a denied I-485? and will be deported back ?


    Please help !


    Thank you in Advance

  • #2
    Why was it denied? If he was eligible, he shouldn't have been denied. If it was denied by mistake, perhaps it can be reopened or reconsidered.

    He will likely be denied entry on a visitor visa.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Why was it denied? If he was eligible, he shouldn't have been denied. If it was denied by mistake, perhaps it can be reopened or reconsidered.

      He will likely be denied entry on a visitor visa.
      " he was waiting for a police clearance from doha qatar and that did not come in on time. We are trying to come get it from qatar embassy , but we don't have it yet and the motion to reopen closes on february 23 2017 (the 33 days deadline)

      so what will be my options?"

      Comment


      • #4
        A motion to reopen is most likely a waste of money because the I-485 denial (which cancelled the AP) was for failure to respond to an evidence request.

        The $675 fee for a motion to reopen is not worth considering if the 33-day time frame is expired, so spending $1,225 again for a new I-485 submittal may be your only option.

        --Ray B


        Originally posted by I485HelpParent View Post
        " he was waiting for a police clearance from doha qatar and that did not come in on time. We are trying to come get it from qatar embassy , but we don't have it yet and the motion to reopen closes on february 23 2017 (the 33 days deadline)

        so what will be my options?"
        Last edited by rayb; 02-22-2017, 01:02 AM.

        Comment


        • #5
          Originally posted by rayb View Post
          so spending $1,225 again for a new I-485 submittal may be your only option.
          He can't do another I-485 unless he somehow manages to return to the US. Otherwise he would have to do Consular Processing from India instead.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Right. I hope they can get him back in okay.

            --Ray B

            Originally posted by newacct View Post
            He can't do another I-485 unless he somehow manages to return to the US. Otherwise he would have to do Consular Processing from India instead.

            Comment

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