Travel or not to travel with AP?

M

Milota

Registered Users (C)
I want to travel home after 3 years being in the USA. I came in on J1 visa, got married to USC 2 years ago, interview DO Newark in Feb/2005, name check pending for over 1 year and 2 months.
Should I travel using Advance Parole or wait for GC first? Please share your good or bad experience.
 
If you did not become out of status for a period of 6 months or more then you should have no problem. It will advise to travel with your spouse just to be on the safe side.

Flyer
 
If your name check has been pending for over 1 year you need to look into suing USCIS. A name check only takes a few minutes to complete and the FBI fingerprint about 2 days (Santillan v. Gonzales).

Find a lawyer who has filed a Writ of Mandamus before and talk to them. You need to follow a few procedures first, but waiting over a year is just crazy. Plus, you "should" be able to get attorney fees.
 
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