admissible question

Lang

New Member
My I-485 for adjustment was denied because I was found to be out of status for more than 180 days before I sent out the application. recently I filed another application based on 245(I). Now I have to visit China for one or two weeks with a valid Advanced parole. What\'s the chance that I may find myself not be allowed to enter the country? If that happens, what can I do to resolve it. Thanks, it\'s very important and urgent.
 
No Title

When were you out of status?
If it was before September, 1997, I think you may
be okay. The 3/10 ten year bar on admission started
probably around that date. Any status violation before
that doesn\'t trigger the bar upon departure, but I485
may be denied like in your earlier case.

I am not an attorney of course, seek legal advice please.
 
No Title

I don\'t think you want to take the trip. My understanding is you won\'t be admissable if you ever leave the US, no matter you have filed you app under 245(i) or not. This law is enforced strictly. Even if you can come back on AP for now, this problem might come back to haunt you later when you try get you GC and Citizenship. I strongly suggest you have a video conference with whoever you want to meet in China.
 
No Title

i think the law went into effect on 4/1/97. And it stated that if you are out of status for more than 180 days from 4/1/97 then the 3/10 year bar kicks in.
Again, I am not a lawyer and confirm the above from a lawyer.
 
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