Q: How do I proceed if I left the US without Advance Parole and want to reapply for I-485 later this year?
Due to a recent family emergency, I unintentionally abandoned my I-485 application by leaving the United States with an O-1 visa without first obtaining an Advance Parole. I have received an RFE indicating the issue and the potential denial.
I already received approval for my I-130 petition through marriage last year (not concurrent filing) and I plan to reapply for the I-485 later this year when my travel is complete.
In the meantime, is there anything I should do to formally withdraw my current application? Additionally, are there any specific considerations I should be aware of when I reapply?
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A:
If you left the US without Advance Parole, you will need to take some specific steps to address your situation. First, you should formally withdraw your current I-485 application by writing a letter to the USCIS office handling your case. In your letter, explain the circumstances and request the withdrawal of your application.
Once you have completed your travel and are back in the US, you can reapply for the I-485. Make sure to gather all necessary documentation, including the I-130 approval notice, and ensure you do not leave the country again without obtaining Advance Parole.
Additionally, consider any changes in your circumstances or immigration laws that might affect your new application. Carefully follow the instructions provided by USCIS and seek guidance to ensure you meet all requirements for the reapplication process. This approach will help you move forward with your application smoothly.
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