"3 year and 10 year bar to admission...???" I485

hope4ever

Registered Users (C)
I am preparing my I485 for submital and I just noticed this paragraph "Warning" on page 6 and i dont understand what it really says and if it applies to my situation. I entered US illegaly, and within 1st year i applied for asylum and was granted about a year ago. Now i want to submit my I485 form. Am i subject to this paragraph if i travel outside US after I485 submital with a RTD? Please advise.

Here is the paragraph:
"Travel outside of the United States may trigger the threeand ten year bar to admission under section 212(a)(9)(B)(i) of the Act for adjustment applicants, but not registryapplicants. This ground of inadmissibility is triggered ifyou were unlawfully present in the United States (i.e., youremained in the United States beyond the period ofauthorized stay) for more than 180 days before youapplied for adjustment of status and you travel outside ofthe United States while your adjustment of statusapplication is pending."
 
I am preparing my I485 for submital and I just noticed this paragraph "Warning" on page 6 and i dont understand what it really says and if it applies to my situation. I entered US illegaly, and within 1st year i applied for asylum and was granted about a year ago. Now i want to submit my I485 form. Am i subject to this paragraph if i travel outside US after I485 submital with a RTD? Please advise.

Here is the paragraph:
"Travel outside of the United States may trigger the threeand ten year bar to admission under section 212(a)(9)(B)(i) of the Act for adjustment applicants, but not registryapplicants. This ground of inadmissibility is triggered ifyou were unlawfully present in the United States (i.e., youremained in the United States beyond the period ofauthorized stay) for more than 180 days before youapplied for adjustment of status and you travel outside ofthe United States while your adjustment of statusapplication is pending."


If your asylum was approved & you clearly stated, it is ok. You can travel freely with RTD as it overrides everything else(only if asylum is approved ofcourse).

Most likely they will ask you to fill a I-602 waiver when the time comes for approval of I-485. The reason they put this paragraph, is for people who enter illegaly and try to adjust based on marriage to US Citizen etc
 
Top