Advance Parole Question
- Thread starter Patta_1
- Start date
There is a risk, especially if your I-485 falls under the 245(i) category. Even though you are eligible for an adjustment of status and issued an AP, you could still be barred from entering the country for 3 or 10 years. If you file I-485 under 245(i), you need to consult a good immigration lawyer.
Check out http://www.immigration.com/245i.html
Don't worry
Since you don't know what is 245(i), I guess your case will not come under that category. There is no risk using AP to return to US if you are not from middle east/north Africa.
INS official will stamp on one of your AP copies and return to you. They won’t keep any of your AP copies.
I used AP to return to US. I am Indian citizen.
Have fun
Since you don't know what is 245(i), I guess your case will not come under that category. There is no risk using AP to return to US if you are not from middle east/north Africa.
INS official will stamp on one of your AP copies and return to you. They won’t keep any of your AP copies.
I used AP to return to US. I am Indian citizen.
Have fun
245(i) provisions
Here's the particular thingy about leaving the US if you're under 245(i):
2. Who can benefit from the new Section 245(i) provisions?
A person who is eligible for permanent residence based on a family relationship or job offer, and who wishes to adjust status to permanent residence without leaving the U.S., could benefit from these provisions. Without Section 245(i), most persons who entered the U.S. without inspection, overstayed an admission, acted in violation of the terms of their status, worked without authorization, entered as a crewman, or were admitted in transit without a visa would not have been eligible to adjust status in the U.S. If an individual is eligible for permanent residence, but not eligible for adjustment of status, that person might still obtain permanent residence by leaving the U.S. and completing the process for an immigrant visa at a U.S. consulate abroad. However, if that individual had been unlawfully present in the U.S. for more than 180 days, he or she would be barred from reentering the U.S. for at least 3 years, and perhaps as long as 10 years. Under Section 245(i), an eligible individual can remain in the U.S. to obtain permanent residence through adjustment of status, and thus never trigger these entry bars. (Once permanent residence is obtained, these entry bars no longer apply.) Thus, it is particularly important that persons who would be subject to the bars not leave the U.S. at all until the adjustment of status process is completed.
Here's the particular thingy about leaving the US if you're under 245(i):
2. Who can benefit from the new Section 245(i) provisions?
A person who is eligible for permanent residence based on a family relationship or job offer, and who wishes to adjust status to permanent residence without leaving the U.S., could benefit from these provisions. Without Section 245(i), most persons who entered the U.S. without inspection, overstayed an admission, acted in violation of the terms of their status, worked without authorization, entered as a crewman, or were admitted in transit without a visa would not have been eligible to adjust status in the U.S. If an individual is eligible for permanent residence, but not eligible for adjustment of status, that person might still obtain permanent residence by leaving the U.S. and completing the process for an immigrant visa at a U.S. consulate abroad. However, if that individual had been unlawfully present in the U.S. for more than 180 days, he or she would be barred from reentering the U.S. for at least 3 years, and perhaps as long as 10 years. Under Section 245(i), an eligible individual can remain in the U.S. to obtain permanent residence through adjustment of status, and thus never trigger these entry bars. (Once permanent residence is obtained, these entry bars no longer apply.) Thus, it is particularly important that persons who would be subject to the bars not leave the U.S. at all until the adjustment of status process is completed.