Advanced Parole / Travel Document

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fredjiencke

New Member
Hi-

My wife is in the process of getting her Green Card, has a 485 pending. She is from Thailand.

We have an immigration attorney, but we want an outside opinion.

She applied for "advanced parole" and received her Travel Document in January.

We have the "initial interview" with the USCIS later this month.

We talked with our attorney about her taking a trip to Thailand so that she can see her mother, who she hasn't seen for about a year now.

We had planned to take the trip right after this "initial interview" at USCIS, but the attorney forbid us from travelling. He seems to know what he is talking about, but we don't understand completely. He said:

"Your status on return is parolee (outside the US legally. This is not a good status to be in if you are inside the US physically."

FYI: I met my wife while she was here in the US on a B1/B2 travel visa. We met a couple of months before her visa expired, and I convinced her to stay (past the expiration of her Visa) until we got married and she got her Green Card.

So, I don't understand what our attorney means.

Your status on return is parolee (outside the US legally. This is not a good status to be in if you are inside the US physically.

Thank you. :confused:
 
curiosity: if I got my recipt for I-130 and I-485 before my I-94 and J-1 expired but I am still AOS pending, is it considered overstaying??
 
DanielFL said:
curiosity: if I got my recipt for I-130 and I-485 before my I-94 and J-1 expired but I am still AOS pending, is it considered overstaying??
Click to expand...

If you properly filed a I-485 and obtained a receipt notice before your DS-2019 expired, then you are still lawfully present in the US even after your DS-2019 expired. You will remain lawfully present while your I-485 is pending, but will be removable if it is denied.
 
I think I filed documents on the last days of my DS, and got reciept about week after its expiration day. I would killed myself if they would not let me back in just for that, but of course they might.....

I will get infopass and ask OP but we both know whatever he says there may be a different story on the airport..
 
Whoa - hold on...

J-1 holders have a 30-day grace period after the expiration date on the DS-2019. As long as your AOS application was received at USCIS (check the 'received date' on your notice) before your 30-day grace period was up, you have been lawfully present the whole time.
 
JK you are correct thank you for reminding me turned out that my DS expired... 9 days BEFORE the date of 485/130 USCIS reciept... crazyness!! :)

but yes 30-days grace for travel around US lets you stay legally...

thank you!
 
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