I support my mothers I485. She was out of status when she was applying. During the waiting, she was back to the home coutry using AP. And later she was back to USA no problems. Is the 10 years ban still valid for her 485? Does any hope the case be approved.
Thanks.
If she is presently in the US, there should be no issues.
But how did she get AP, when she was out of status ?
You can get AP if you were out of status for less than 180 days.
you can get AP in any case, USCIS doesnt track how long you have been out of status. However, if she is subject to a ban, it will kick in as soon as she leaves with AP (or without), and she can no longer complete her AOS, even if she manages to come back on AP.
10 Years Ban