How do I find out if my I-485 has been abandoned?..left US without I-131 but returned

[tkyang99]

So a quick summary:
Applied for I-131 same time as I-485
Took biometrics, but left the country before receiving I-131 document.
Received the I-131 document while overseas.
Returned to the US with the document without any issue at the airport, nor was I told that my I-485 has been abandoned.

Checked online, and I-485 is still pending.

So at this point, what should I do? So is my I-485 automatically abandoned? (ie even if it doesn't say so online?)
Should I just start a new I-485 application?
Or should I just wait it out, and see what happens?

Thanks very any tips!

[newacct]

According to the regulations, it has been automatically abandoned. However, you can file another I-485, if you are still eligible.

[tkyang99]

According to the regulations, it has been automatically abandoned. However, you can file another I-485, if you are still eligible.

That was a completely worthless response, but thanks anyway. If you even read my question you would see that I know what the "regulations" are. I didn't come here to ask about that.

Would appreciate any other sincere answers to my question.

[newacct]

That was a completely worthless response, but thanks anyway. If you even read my question you would see that I know what the "regulations" are. I didn't come here to ask about that.

Would appreciate any other sincere answers to my question.

So what did you come here to ask about? All immigration applications and processes follow the law and regulations. So if the regulations clearly say it's abandoned, it's abandoned. Even if USCIS isn't aware of it yet, once they find out about the facts of your case, they are required to treat it as abandoned. If they don't, that's a mistake, and you don't want a mistakenly approved application anyway because it can be revoked at any time in the future.

[Tibwa]

That was a completely worthless response, but thanks anyway. If you even read my question you would see that I know what the "regulations" are. I didn't come here to ask about that.

Would appreciate any other sincere answers to my question.

If you know so much, why did not you respect the rules ( regulation) before leaving the Country. You asked for help and they try to help you but you become very defensive and arrogant. Hire an immigration attorney.

[Tibwa]

In addition, you should have also explained in your post which category you are in. for instance these people should be fine, if not, it is abandoned:

NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document. Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:

a. An H-1 temporary worker, or H-4 spouse or child of an H-1;
b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
c. A K-3 spouse, or K-4 child of a U.S. citizen; or
d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident.

[newacct]

In addition, you should have also explained in your post which category you are in. for instance these people should be fine, if not, it is abandoned:

NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document. Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:

a. An H-1 temporary worker, or H-4 spouse or child of an H-1;
b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
c. A K-3 spouse, or K-4 child of a U.S. citizen; or
d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident.

But they would have to re-enter on that type of visa in order for it not to be abandoned, but the OP re-entered on AP (i.e. was paroled).

[Angelgold]

You asked a question, someone replied you and you here sounding cocky and disrespectful. Take your arrogant self to an immigration attorney. Mumu.

[aaron2013]

Honestly, I think you should be fine. Keep us posted about your case.

[tyoty]

@tkyang99 - Any updates on this? Did you have any issues with I-485 getting approved after you came back?