Is it worth taking the risk?

M

myheartisbting

Registered Users (C)
I do not have much idea with immigration. So I have an attorney who takes care of my case. I have a I-360 approved(granted deferred action). I have a work permit after that. My ex husband is a GC holder. I missed the GC interview with him. So after 360 approval USCIS put me under 2A category. I need to wait for 3 more years to get my date current to file for 485.
Meanwhile my attorney suggested me to not to cross the country. Its been five years without going to home country and I have to wait for 3 to 4 years more to get my GC.
I believe that I can get AP on my EAD and travel...is it worth taking the risk to travel out of country?

any ideas appreciated
 
You can NOT get an advance parole because you do NOT have a pending I-485 (a green card application). In order to be eligible for AP, one must need to have a PENDING I-485. Obtaining EAD is not a problem with pending or approved I-360, but not AP.

Secondly, you have NOT status whatsoever right now...which means you are illegal. Approval of I-360 means nothing because it's just a ground/basis to file I-485 when you will be eligible to file. You are given a deferred deportation because USCIS always holds someone's deportation or don't deport someone for a while when that person files I-360 based on abuse. However, that deferred deportation is only for a certain period and not forever. It varies for each person. Your letter must have notation of it as to how long USCIS allows you a deffered deportation. It normally goes from 12 months to 36 months.

However, if your ex huband is able to become a US citizen in the meantime and you are able to get proof of his US citizenship then you can update your immigration record and could be able to file I-485 without any waiting and be able to obtain AP.

Good luck..
 
You must log in or register to reply here.
Top