**URGENT!** Left the US while AP was pending. Upcoming AOS interview will be denied??

[Niko23]

Hi everyone,

We have a marriage based I-485 pending, filed for mu husband in March, 2019.
Same time we filed for EAD and AP.

We had a family emergency in September, husband's mom have stage for cancer and only 2-3 months left (according to a doctor).
So we packed our then 4 months old baby and traveled to Europe end of September.

I thought we will soon receive the AP, my friend will mail it to us so my husband can get a re-entry with it.
I had no idea we need it PRIOR to the trip.
Just found out after we left.

Instead the card we received a notice for an interview in November. My mother-in-law still had a critical health conditions so I rescheduled it and got the AP/EAD expedited which was approved then.

We now have the combo card in hand, new interview appointment is on 01/30/2020. We bought the flight tickets for 01/22.
Mother-in-law is still alive but getting weaker and weaker every day.


My questions:
1.) Will the I-485 be denied for sure? 100%?
No chance at all??
If it gets denied, does my husband have to leave the country? How? Right the way?
He arrived on ESTA previously, no overstay.

2.) Will he get entry at the border? We arriving to Los Angeles by airplane.

Thanks in advance!
A very worried little family.

[manhattanite]

1) Just to clarify, your husband left the country while the I-131 was pending? And then after he left, you expedited the AP, which was subsequently approved? This is a weird situation IMO and I’m not sure what’s going to happen. Generally, the USCIS considers the AOS forfeited if the applicant leaves the country prior to AP approval. I can’t say if your husband has “no chance,” but it seems unlikely to me.

If his AOS is denied, the USCIS may present him with the option to refile (appeal seems unlikely here) or leave the country within 33 days (I think). Don’t hold me on this though.

For future reference, there’s an option for emergency AP if this ever comes up again (different from expedite).

2) He may be denied entry upon arrival. Kind of a toss up. He has an approved AP, but that’s usually contingent on a pending AOS, which may have been abandoned when he left.

It might be good to speak to a lawyer.

[Enub4]

I think your case is unique. Other cases I read they just send a denial for abandoning the AOS process.

If I read correctly:
- left before AP approval
- received an interview date for November
- rescheduled and now is January 30
- expedited AP and have combo card with you

I'm no expert, but this could happen:
a) you have no problems entering the USA or
b) there is something in the system (I don't think is likely) and they deny entry

If a) then, you can go to your interview and this could happen:
1. they approve the GC
2. they deny the GC for abandoning the AOS

if b) then your husband will need to return to home country and start consular processing. From what I see he not incurred in unlawful presence or other faults. I don't see much problem just the fact that they denied entry to the USA and he needs to explain why.

If a) 1. then you receive a GC by error and it may or may not cause problems when renewed or apply to citizenship.

If a) 2. because he arrived and they let him in, then maybe you can apply again. Please consult a lawyer if this happens to you. I don't know how bad is entering the USA on a Customs/authority error.

I hope the best for you and please keep us posted.

Note: I don't have experience at all on this matter, you can experience something else not covered here.

[Niko23]

09/24 Yes, my husband left the country while I-131 was pending.
09/25 1st interview scheduled to 11/07
11/06 Requested the interview to be rescheduled --> New appointment 12/17
around 11/10 Requested expedite on AP
11/14 Received EAD/AP combo card (it was mailed to us here)
12/17 Requested the interview to be rescheduled --> New appointment 01/30
01/22/2020 We are returning to US

I did requested the interview to be rescheduled twice! Both were approved and we got a new appointment each time.

"For future reference, there’s an option for emergency AP if this ever comes up again (different from expedite)."
Thanks for this info!

"2) He may be denied entry upon arrival. Kind of a toss up. He has an approved AP, but that’s usually contingent on a pending AOS, which may have been abandoned when he left."
The I-485 is still pending, the status is "Interview was scheduled" on USCIS website.

[HartfordCtFilerI-485]

09/24 Yes, my husband left the country while I-131 was pending.
09/25 1st interview scheduled to 11/07
11/06 Requested the interview to be rescheduled --> New appointment 12/17
around 11/10 Requested expedite on AP
11/14 Received EAD/AP combo card (it was mailed to us here)
12/17 Requested the interview to be rescheduled --> New appointment 01/30
01/22/2020 We are returning to US

I did requested the interview to be rescheduled twice! Both were approved and we got a new appointment each time.

"For future reference, there’s an option for emergency AP if this ever comes up again (different from expedite)."
Thanks for this info!

"2) He may be denied entry upon arrival. Kind of a toss up. He has an approved AP, but that’s usually contingent on a pending AOS, which may have been abandoned when he left."
The I-485 is still pending, the status is "Interview was scheduled" on USCIS website.

How was the interview? Was your husband allowed entry in the country?

[Niko23]

Updates:
1.) My husband was aloowed entry at the border (LAX).
They did a 2nd check on his EA / AP card. Took about 30 mins. We were prioritized becouse we were with a baby. It was a very long 30 mins but everything was fine. His I-485 status online was still "Scheduled for Interview", I guess that's why was the AP still valid.

2.) We went to the interview on 01/29. We had a very nice officer lady. We got the basic, usual questions. My husban was asked about all his entry dates end length of stay. But were NOT asked about last departure time. I couldn't believe it!!!
Well, I asked all our family and friends to send us positive thoughts at the time of the interview. And it worked!

At the end, she said she still have to review the finances (all good there) and then she will mail the decision in couple of days.
We are waiting since then.

[Enub4]

Niko23 thank you for updating. I hope you get the GC soon. Good luck.

[HartfordCtFilerI-485]

Updates:
1.) My husband was aloowed entry at the border (LAX).
They did a 2nd check on his EA / AP card. Took about 30 mins. We were prioritized becouse we were with a baby. It was a very long 30 mins but everything was fine. His I-485 status online was still "Scheduled for Interview", I guess that's why was the AP still valid.

2.) We went to the interview on 01/29. We had a very nice officer lady. We got the basic, usual questions. My husban was asked about all his entry dates end length of stay. But were NOT asked about last departure time. I couldn't believe it!!!
Well, I asked all our family and friends to send us positive thoughts at the time of the interview. And it worked!

At the end, she said she still have to review the finances (all good there) and then she will mail the decision in couple of days.
We are waiting since then.

thanks for the update. I’m sending best wishes for you both and I hope you receive the GC soon!

[tyoty]

Hi Niko23 : Any updates on your case? It seems that his departure prior to AP didn't come up at all? Did you guys get the GC yet?

In a similar situation.