Hello Guys,
INS released a advisory what mentioned that travelling on AP may have serious consequence when AOS is pending? What does that mean? Even though if someone maintained valid status all the time, he might have problem coming on AP?
Do you guys have any idea? Please read the article and throw some thoughts. Also if anyone of you already know the lawers analysis on this, please post here:
http://www.ins.gov/graphics/publicaffairs/advisories/02.11INSISSU.htm
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November 14, 2002
INS Issues Foreign Travel Advisory for Aliens
With Pending Immigration Applications
The Immigration and Naturalization Service (INS) reminds aliens who have applied to adjust status to that of permanent resident that they must obtain Advance Parole (Form I-131-- Application for Travel Document) from the INS before traveling abroad (see INS Travel Advisory Questions and Answers). Travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status. Such aliens may be unable to return to the United States, their applications may be denied, or both.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Aliens who are unlawfully present, depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.
INS urges all aliens with pending applications for adjustment of status to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the INS National Customer Service Center at 1-800-375-5283, or the INS web site: www.ins.gov before making any foreign travel plans.
-INS-
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Also, on FAQ I got.
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.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission, even if they have obtained Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.
Aliens who have concerns about their admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
____________________________________________________
Therefore, they are mentioning clearly that anyone can have serious consequences even he/she travel on AP.
INS released a advisory what mentioned that travelling on AP may have serious consequence when AOS is pending? What does that mean? Even though if someone maintained valid status all the time, he might have problem coming on AP?
Do you guys have any idea? Please read the article and throw some thoughts. Also if anyone of you already know the lawers analysis on this, please post here:
http://www.ins.gov/graphics/publicaffairs/advisories/02.11INSISSU.htm
------------------------------------------------------------------------------------
November 14, 2002
INS Issues Foreign Travel Advisory for Aliens
With Pending Immigration Applications
The Immigration and Naturalization Service (INS) reminds aliens who have applied to adjust status to that of permanent resident that they must obtain Advance Parole (Form I-131-- Application for Travel Document) from the INS before traveling abroad (see INS Travel Advisory Questions and Answers). Travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status. Such aliens may be unable to return to the United States, their applications may be denied, or both.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Aliens who are unlawfully present, depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.
INS urges all aliens with pending applications for adjustment of status to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the INS National Customer Service Center at 1-800-375-5283, or the INS web site: www.ins.gov before making any foreign travel plans.
-INS-
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Also, on FAQ I got.
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.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission, even if they have obtained Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.
Aliens who have concerns about their admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
____________________________________________________
Therefore, they are mentioning clearly that anyone can have serious consequences even he/she travel on AP.
