Q on AP Advisory - severe consequences for certain aliens ?

[sambos]

Hello guys..
I came to know from the advisory from uscis web site.. that says (see bottom).

What changes is the it talking about and what does it mean by "certain aliens" does any one know about it.



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.

Thanks!
sam

 

[merovingian]

If you are out of status, and you go outside the USA, depending how long you were out of status you might be inadmissible for 3 or ten years, even with Advance Parole.
Now out of status is very broad fraze includes cases like working while on B2 or applying I-140/I-485 while your status expired.

 

[TheRealCanadian]

If you are out of status, and you go outside the USA, depending how long you were out of status you might be inadmissible for 3 or ten years, even with Advance Parole. Now out of status is very broad fraze includes cases like working while on B2 or applying I-140/I-485 while your status expired.

That's incorrect. The 3/10 year bars relate to over 180 days of illegal presence which has a very specific meanining in immigraiton law. Most of the time, that's overstaying an I-94.

You can be out of status for several years without being illegally present.

 

[merovingian]

That's incorrect. The 3/10 year bars relate to over 180 days of illegal presence which has a very specific meanining in immigraiton law. Most of the time, that's overstaying an I-94.

You can be out of status for several years without being illegally present.

If you could tell me how to be out of status and still legal, I would appreciate that. I am not the lawyer but what I found out is this:
"... the following categories of people are considered unlawfully present: 1) visa overstayers; 2) those who entered without inspection or parole; and 3) status violators, i.e., those who violated the terms of their non-immigrant visas, such as by working or committing crimes..."
All these are bared as per immigration website... Maybe they wrong...

 

[TheRealCanadian]

If you could tell me how to be out of status and still legal

You cannot be out of status and still legal. But again, out of status does not equal illegally present.

3) status violators, i.e., those who violated the terms of their non-immigrant visas, such as by working or committing crimes..." All these are bared as per immigration website... Maybe they wrong...

This is incorrect. In order to be illegally present, you must be staying in the US beyond a date by which USCIS told you to leave, either on an I-94 or by a formal finding by an immigration judge that you are out of status. An H-1 holder can arrive in the US and lose his job a week later. He is out of status, but does not accumulate a single day of illegal presence until his I-94 expires, which may be 3 years later.

For an extreme example, since a Canadian B visitor never receives an I-94, it is impossible for a Canadian visitor to ever accumulate illegal presence, even if they arrive in the US and do not leave for 50 years.

 

[newbies]

You cannot be out of status and still legal. But again, out of status does not equal illegally present.



This is incorrect. In order to be illegally present, you must be staying in the US beyond a date by which USCIS told you to leave, either on an I-94 or by a formal finding by an immigration judge that you are out of status. An H-1 holder can arrive in the US and lose his job a week later. He is out of status, but does not accumulate a single day of illegal presence until his I-94 expires, which may be 3 years later.

For an extreme example, since a Canadian B visitor never receives an I-94, it is impossible for a Canadian visitor to ever accumulate illegal presence, even if they arrive in the US and do not leave for 50 years.

It is new for me like you said H1B holder can stay for 3 years without job and apply for a job again. I hope USCIS does the same like you write, it will save a lot of trouble for H1B holder.

Or F1 student with I94 (D/S) and I20 valid for 5 years can stay legally in the US for 5 years without any risk.

 

[TheRealCanadian]

It is new for me like you said H1B holder can stay for 3 years without job and apply for a job again. I hope USCIS does the same like you write, it will save a lot of trouble for H1B holder. Or F1 student with I94 (D/S) and I20 valid for 5 years can stay legally in the US for 5 years without any risk.

I never said a word about 'staying legally'.

It's not legal to be out of status, and it does have certain consequences. However, it does not trigger the 3 or 10 year re-entry bars, which was our original poster's worry.

Please do not jump to unsupported conclusions that can get you in trouble.