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  1. #1
    Join Date
    Nov 2016
    Posts
    1

    Default I-130 Was Approved, but I-485 Was Denied Due to Travel Without Advance Parole

    I'm a US citizen. And I concurrently filed I-130, I-131, I-485 for my parents in December 2015 when they stayed in the US as visiting guest under B2 visa. Short after I submit the petition to USCIS, my father went back to China due to some health emergency. He returned to the US in May 2016 still using his 10-year B2 visa. We just received a notice from USCIS a few days ago. It says my father's I-130 petition is approved, but his I-485 was denied due to his leave without an advance parole while I-485 pending. So my question is what I should do next? refile I-485 and I-131 for him again immediately?

    Thank you very much for your help in advance!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I-130 Was Approved, but I-485 Was Denied. What Should I Do Next

    No, you need to see an immigration attorney.

    He no longer is eligible to adjust his status as he entered illegally. Most likely he'll have to leave if he wants to do this. He made a major mistake reentering without advance parole.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-130 Was Approved, but I-485 Was Denied Due to Travel Without Advance Parole

    I agree that you and your father should consult an immigration lawyer. At a minimum he's going to need to file a new I-485, with all of the associated fees.

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