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Ready to schedule for interview -- abandoned 485?

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  • Ready to schedule for interview -- abandoned 485?

    Hi all.

    I filed for MBGC back in October 2019. RFE in December, RFE responded to Jan 2020.

    In March 2020, I had an emergency abroad and had to leave the US without AP. (I had a field office appointment for my AP, but COVID closure happened that very day.)

    Since leaving the US, I had not heard anything about our case, and I presumed it was abandoned. Today, I got a notification that my case is ready to be scheduled for an interview.

    I still have a valid O-1 visa that I could enter the US on. Is there any point in even trying?

    If I return to US on my O-1 and file my medical, interview might be waived. Is there any chance my 485 won't be canceled even though I left without AP?

    I know it's a long shot, but I am really dreading re-filing. (I'd have to do consular process and live apart from husband while waiting, because I can't work in US once my O-1 expires in June, and I can't afford not to work.)


    Anyone heard about people leaving without AP but still continuing the process?
    In the law it does state that leaving without AP COULD result in your 485 being abandoned. It doesn't say WILL result...

    Clutching at straws here...

    Thanks for any advice.


  • #2
    Originally posted by greenwithenvy View Post
    Hi all.

    I filed for MBGC back in October 2019. RFE in December, RFE responded to Jan 2020.

    In March 2020, I had an emergency abroad and had to leave the US without AP. (I had a field office appointment for my AP, but COVID closure happened that very day.)

    Since leaving the US, I had not heard anything about our case, and I presumed it was abandoned. Today, I got a notification that my case is ready to be scheduled for an interview.

    I still have a valid O-1 visa that I could enter the US on. Is there any point in even trying?

    If I return to US on my O-1 and file my medical, interview might be waived. Is there any chance my 485 won't be canceled even though I left without AP?

    I know it's a long shot, but I am really dreading re-filing. (I'd have to do consular process and live apart from husband while waiting, because I can't work in US once my O-1 expires in June, and I can't afford not to work.)


    Anyone heard about people leaving without AP but still continuing the process?
    In the law it does state that leaving without AP COULD result in your 485 being abandoned. It doesn't say WILL result...

    Clutching at straws here...

    Thanks for any advice.
    This is complex. You should definitely speak with an immigration attorney.
    Immigration & Personal Injury Attorneys
    Law Offices of Jesus Martinez
    4781 E. Gettysburg Ave, Ste 118
    Fresno, CA 93726
    (559) 387-4228

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