Help on Advance Parole

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User16

Registered Users (C)
My Husband went to India and due to some serious problems he started on 09/14/03 thinking he will be back on 09/15/03.

On the Parole the Date of Issue was 09/16 and inside it says to return prior to 09/15/03.

But we didn't read the whole thing and thought the expiry date was 09/15/03 so he can enter on that day.

When he gave the Parole to the Airline while boarding, they read it and didn't let him board the Plane.

Does anyone has ideas to request a Temporary Parole or anything.

I contacted my attorney, they r looking at it. I am the primary on Green Card, I can't use H1 option since I am with a different company.

Any Ideas please.
 
Does he have H1 status here? If yes maybe he can try got get H1 visa from the consulate.

If he doesnt have any other option except for the AP then it is better to get the laywers involved. Its kinda tricky situation...Good luck and keep us posted about what your lawyer said.
 
Ah, a tough one.

Technically, your husband's AOS should not be deemed abandoned, since he has left the country with a valid AP in his hand. But even if approved, he will not be able to claim the benefit, because he won't be able to enter the US.

The straight-forward path at this point is to wait until you, the primary applicant, get your AOS approved and use "follow-to-join" procedure with a US Consulate abroad.

He may not use H-4, since your H-1 was terminated with your use of EAD. Getting a separate H-1 for him is an option, but it implies finding a job offer while he is still abroad (perhaps, a bodyshop could help you out here).

Procuring an Emergency Advance Parole while abroad is extremely problematic and not likely doable. If not minding the expiration date is your only argument why you did not make proper travel arrangements to return in time, then attempts to get an EAP will be futile.

Consulting an immigration attorney is a really good idea and I'm glad that you are already doing it.
 
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