AP question

B

Beverley

Registered Users (C)
Although I now have my EAD whilst waiting for Green Card. Previously for 4 years was out of status. Has anyone out there ever applied for AP and was able to travel?

WAC02139XXXX
 
Unless you have applied I-485 with 245(i) and $1000 fine, etc. you will not get back in.

Even if you have done 245(i), chances are good (bad?) that the IIO at POE may not be knowledgeable about this stuff.

Very avoidable. If unavoidable, I suggest you seek counsel from an attorney and not rely on this forum. I wouldn't do this w/o counsel even if someone has been able to travel before.
 
Even filing under 245(i) does not save from the re-entry bar. All it does is makes possible to adjust status despite the out-of-status period.

The only option now is to wait for the Green Card.
 
BM

I have a question on this.

I know 245(i) people have been refused re-entry.
But, is not traveling outside the US after 245(i) while I-485 is pending a requirement in law, or are these arbitrary decisions... if you have any info?
 
niladri30,

why, those were not arbitrary decisions, of course. 245(i) makes possible to adjust one's status, but does not make INS forget about 180+ days of illegal presence. That is why those persons were barred re-entry.

For "official version", please visit the following page: http://www.usvisanews.com/memo1151.html. Here's an excerpt:

Q6. Can travel abroad still have severe consequences for certain aliens, even if they have obtained Advance Parole?

A6. Yes, due to changes to U.S. immigration law, travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status or changing their nonimmigrant status. Such aliens may be found inadmissible to the United States upon return and/or their applications for adjustment or change of status may be denied.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission, even if they have obtained Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.

Aliens who have concerns about their admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
Click to expand...
 
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