Can i travel?

[kaktus]

I've just submitted again I-485 and I-130 based on marriage.
My first i-485 and i-130 was denied because we didn't go for the interview.
Can I use new advance parole and travel outside of US?
Will they count the time while my first I-485 was pending illegal?

[pianoplayer]

Originally Posted by kaktus

I've just submitted again I-485 and I-130 based on marriage.
My first i-485 and i-130 was denied because we didn't go for the interview.
Can I use new advance parole and travel outside of US?
Will they count the time while my first I-485 was pending illegal?

Cannot say given the information. Time during adjudication of I485 does not count, but I do not know whether you had overstay prior to filing the first application and how long you waited to file again after denial of the first application.

[ULTRON]

I believe you can travel on advance parole, but I strongly recommend against it. Once you reenter the US, the govt. has the full right to refuse you to reenter. It would be best to wait for the GC. I'm in a similar situation like you, haven't been outside the US since 1998.

ULTRON

Originally Posted by kaktus

I've just submitted again I-485 and I-130 based on marriage.
My first i-485 and i-130 was denied because we didn't go for the interview.
Can I use new advance parole and travel outside of US?
Will they count the time while my first I-485 was pending illegal?

[usnycus]

Totally agree with “ULTRON” response.

Advance Parole doesn’t give any guarantee that you will be able to enter US. Anyone with past immigration issue should avoid going out of US during AOS.

[TheRealCanadian]

Originally Posted by usnycus

Advance Parole doesn’t give any guarantee that you will be able to enter US. Anyone with past immigration issue should avoid going out of US during AOS.

There's never any guarantee at any time before you are a US citizen that you will be allowed to re-enter. At the same time, there generally shouldn't be any issue with AP unless there has been over 180 days of illegal presence and the 3-year bars kick in.

[Chelly]

If you overstayed for a long period of time, do not risk it unless it is life or death. My friends wife was barred from returning for ten years due to this and she is married to a USC. Just be patient.

[kaktus]

I was always in status before we applied for AOS.

came on J-1 no 2YRR, then switched to B-2, then got H1b, never been out of status, just when my I-485 was denied for no show for the interview.
Sent one more time right after denial.

[ashpine]

I have the similar situation. I received my AP a month back , I have my interview in a week. I have never overstayed and have a valid visa.I plan to go out of country end of the year.Is it unsafe?

[ULTRON]

So the USC's wife was asked to stay out of the US for 10 years? That's a HORRIBLE situation!!

ULTRON

Originally Posted by Chelly

If you overstayed for a long period of time, do not risk it unless it is life or death. My friends wife was barred from returning for ten years due to this and she is married to a USC. Just be patient.