is using advance parole save?

[JackDan]

Hello.

I came on J1 visa in June 2005, married my wife in September 2005, filled out papers October, 30th Oct 2005 had I-485 reciept. Had our interview August 2006, had couple RFE since then last one Septemer 2008, still official version is pending "reviews". I never been outside the USA yet, and hadnt overstayd in the usa over my J1 period. My case is still pending. This summer I plan to travel to my homecountry, Poland. My attorney is telling me its not a problem but I did a research long time ago and learnt that when you come back your status is different than when you came at first (now you are paroled) - so if your green card petition is denied, you do not have the same rights to fight and dismiss as you would have when you would never leave the country and always been on AOS or whetever they called it. But when you are paroled back you dont have the same right.

Does that make any sense to you?
Any input will be appreciated!!

Thank you.

[Triple Citizen]

Yes, it does make sense and your lawyer is correct. A person "paroled" into the US is legally not considered to be "admitted" into the US and thus easier to deport. I am sure you lawyer can quote you the exact statutes.

Originally Posted by DanielFL

.
Does that make any sense to you?

[JackDan]

thats the problem -- my attorney told me there is not a difference whether I am paroled or admitted. maybe the way it works is that it makes difference for somebody who was overstaying illegaly.. I have not.

[Triple Citizen]

It does not appear you have anything to worry about. However your lawyer should know that legally there is a difference in being paroled and being admitted.

Originally Posted by DanielFL

thats the problem -- my attorney told me there is not a difference whether I am paroled or admitted. maybe the way it works is that it makes difference for somebody who was overstaying illegaly.. I have not.

[JackDan]

thankx triple-citizen for following up and trying to help out.
dont get me wrong but saying that I dont have anything to worry about is not much of help although I appreciate you writing.
The point is that even if my case is simple (altought 50 months after interview and some RFE being still under "review" who knows), and I never overstayed I still would like to know if my case is denied what I can do VS what I cannot do anymore if I traveled (and I am back paroled to the USA).

thank you.

[Triple Citizen]

Ask a competent lawyer to ease your mind, remember, we forum-members are not lawyers.

Originally Posted by DanielFL

I still would like to know if my case is denied what I can do VS what I cannot do anymore if I traveled (and I am back paroled to the USA).