More details to this question:
Bia just approved that travel with advance parole doesn't trigger 3/10 years bar. I want to know my i485 is pending I also travel on ap in year 2008 and immigration denied my case however I applied for wavier of 3/10 yr bar based on that my file now pending ....now in meantime, bia new changes on travel with Ap. What are my options to get fastest approval on my pending case. Please advice me. Shall I wait for USCIS to decide my case or I must send request based on new law? Or withdrew my pending file and refile new one?
4 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If your case is still pending, there is no reason to refile. If not, you can. It never hurts to send new case law to the appellate body while an appeal is pending. If you have an attorney, discuss it with him or her. If not, make an appointment to discuss further.
Answered on May 21st, 2012 at 1:07 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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One would be ENED to view your files before terminate the best course of action.
Answered on May 21st, 2012 at 12:01 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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I am reluctant to answer without further clarification. However, if I understand your facts correctly, if the processing time on your I-485 has passed, you can sue the USCIS in Federal court and they will process your application timely but if it is within the processing time, I think you should wait. We need more information about the status of your waiver. Normally, if someone has been out of status and applies for Advance parole, the AP is denied.
Answered on May 18th, 2012 at 2:30 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you have already submitted the I-601 waiver and it is still pending, you should contact immigration by writing and inform them that your case should be approved in light of the new BIA decision on AP departures.
Answered on May 18th, 2012 at 2:23 PM