Can I use my Advanced Parole and travel, after filing my I-485 and paid the penalty of $1,000. My lawyer told me that since I was out of status and started my GC process early 1999, I am qualify to filed and adjust status here and pay the fine. Would anyone here tell me wheather is ok to travel with AP without any problem.
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Question about 245(i) and Advanced Parole
- Thread starter adis
- Start date
Three year and ten year bar will be applicable!!!
Please note that three year and ten year bar will come into play as soon as some one goes outside of the USA. 245(i) will let you apply for adjustment of status while you are in the USA without leaving the country (USA). As soon as you leave the USA, you will face three year and ten year bar. If you were out of status for less than six months, then three year bar will be applicable. If you were out of status for more than six months, then ten year bar will be applicable. Please visit the chats regarding 245(i) on www.shusterman.com website, you will be able to verify this information yourself. AP will not be helpful at all regarding this. Please talk to your attorney about this serious matter and he/she can provide you a clarification on this. I am not trying to scare you, I am sharing the information that I know. Once you file for adjustment of status (and you want to take the advantage of 245(i), you will have to submit supplemental form I-485A with I-485 form), I suggest that you do not leave the USA before you get greencard. Good luck to all of us.
Please note that three year and ten year bar will come into play as soon as some one goes outside of the USA. 245(i) will let you apply for adjustment of status while you are in the USA without leaving the country (USA). As soon as you leave the USA, you will face three year and ten year bar. If you were out of status for less than six months, then three year bar will be applicable. If you were out of status for more than six months, then ten year bar will be applicable. Please visit the chats regarding 245(i) on www.shusterman.com website, you will be able to verify this information yourself. AP will not be helpful at all regarding this. Please talk to your attorney about this serious matter and he/she can provide you a clarification on this. I am not trying to scare you, I am sharing the information that I know. Once you file for adjustment of status (and you want to take the advantage of 245(i), you will have to submit supplemental form I-485A with I-485 form), I suggest that you do not leave the USA before you get greencard. Good luck to all of us.
Clarification...
Md Alam is right except that it is not 3 years bar for less than 6 months and 10 years for more than 6 months but the correct information is 3 years bar applies if you are out of status for more than 6 months (180 days) and 10 years for if you are out of status more than 1 years. I was out of stauts for 123 days and just travel out side the USA and came back with no problem. on POI (they will ask you to go inside office)I showed my 485 receipt and AP document only, did ask anything since they will have all the info infront of them once they enter my A# on the computer, and I was out ot there with in 10 minutes. Of- course if you are out of status more than 180 days them I would suggest not to leave USA until your 485 gets approved.
Md Alam is right except that it is not 3 years bar for less than 6 months and 10 years for more than 6 months but the correct information is 3 years bar applies if you are out of status for more than 6 months (180 days) and 10 years for if you are out of status more than 1 years. I was out of stauts for 123 days and just travel out side the USA and came back with no problem. on POI (they will ask you to go inside office)I showed my 485 receipt and AP document only, did ask anything since they will have all the info infront of them once they enter my A# on the computer, and I was out ot there with in 10 minutes. Of- course if you are out of status more than 180 days them I would suggest not to leave USA until your 485 gets approved.
No Title
In my case my H1 expired in August of 1998, instead for my new employer to file a new H1 for me, they did not and instead they started the process of my GC by filing the labor first in February 2, 1999. Would that consider me out of status or in status since my GC process started earlier enough. I just filed for my 485 in March. Please advised if I can use the Advanced Parole to travel and come back without any problem.
In my case my H1 expired in August of 1998, instead for my new employer to file a new H1 for me, they did not and instead they started the process of my GC by filing the labor first in February 2, 1999. Would that consider me out of status or in status since my GC process started earlier enough. I just filed for my 485 in March. Please advised if I can use the Advanced Parole to travel and come back without any problem.