AOS and Advance Parole

S

Sunrise

Registered Users (C)
Recently I received my advance parole. My status is AOS (according to INS now it takes about 2 years to get your green card).

My lawyer is saying that
If you travel internationally, your adjustment of status application will be denied when you return to the United States, you could be placed in removal proceedings, and you may be deported from the United States. If you are deported from the United States, you could then be prevented from reentering the United States for 10 years.

I shoud say, that I was out of status for about 1 year before. Also my lawyer tells me, that if I'm going to travel, he will drop my case.

What do you think, guys? This is something, that I should decide this week for sure.

Thank you very much:)
 
sunrise,
since you were out of status for a year, it surely complicates your case a lot. Unless its a absolute emergency for which you have to travel, then only do so, being fully aware that if not allowed to enter it will totally jeopardise your 485.

If the need is more important than the risk, then go for it...

goodluck
 
SWaiting, thank you very much!

My mother is seriously ill. Also I have to do some paper work back there.
I regret, that I didn't care about my status before, but there is nothing that I can do now.

The worst scenario is that I will not be able to enter the US and I'll jeopardise my 485.
What is the best case? What's the percentage?

What I still don't understand, why would they give -advance parole-, if I'm not eligible, let's put this way.

When you are entering USA with advance parole, is there something, that they are checking?

being fully aware that if not allowed to enter it will totally jeopardise your 485. - Will they know and I 'll not be able to get my green card?

Sorry for so many questions. I'm really stressed and confused.:confused:
 
If you have been out of status and are now adjusting your status you could be barred from re-entry if you leave the US even with an advanced parole.

An AP is just a formality document issued by the INS.. whether to let someone back is the sole discretion of the Immigration Inspector.

here is a link from the USCIS site giving a travel advisory for those who have Advanced Paroles

http://uscis.gov/graphics/publicaffairs/newsrels/CISTravelAdvisory.pdf

If you have to travel its really your call.. afterall family does come first... but again family v/s america (green card) tough decision..
whatever you do decide may god be with you. :)

Good Luck
 
Hello,

I've been on H1-B and have filed for a marriage based AoS. My h1-b visa expires in April'04. I've neever been out of status. Will it be safe for me to travel on AP?
 
ravi,
yes technically its safe. But those guys are getting picky day by day and most of the time they are not clear on the rules. So If you AOS 485 is coming soon, then avoid the travel. if not then take the chance.

There was a thread few weeks back on this too.
 
whatever you do decide may god be with you.
___________________________

sachinphadke:)

with you as well
:) THANK YOU


SWaiting, Thank you for your support.


Happy holidays to everyone:)
 
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