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Walk in AP for 245(i) case in Jackson, Miss. - Pls. help
- Thread starter Rsur
- Start date
Yes I understand that you have to be in USA to be eligible for 245(i), but am I correct that 245(i) will allow you to file for AOS even if you are out of status?
If I am right, then I understand that, at the time of re-entry, if you were out of status for more than 6 months, you get a 3 year bar from re-entry, and if you are out of status for more than a year, you get a 10 year bar for re-entery. Even if you have Advance Parole and AOS pending, you can be denied entery at the POE.
If my understanding is right, then i would suggest Rsur to tell his friend he is better off not leaving US.
http://www.murthy.com/UDtvladv.html
If I am right, then I understand that, at the time of re-entry, if you were out of status for more than 6 months, you get a 3 year bar from re-entry, and if you are out of status for more than a year, you get a 10 year bar for re-entery. Even if you have Advance Parole and AOS pending, you can be denied entery at the POE.
If my understanding is right, then i would suggest Rsur to tell his friend he is better off not leaving US.
http://www.murthy.com/UDtvladv.html
245i and AP
Guju,
That is correct if you have been out of status before and are a beneficiary under 245i, do not leave the country until you have succesfully adjusted staus to a Lawful Permamnent Resident. Advanced Parole does not guarantee your entry in to the US and it is to the discretion of the POE officer. It is a catch 22, dont do the mistake of leaving the country untill you have your 485 approved and stamped on your passport.
Thanks,
MNP
Guju,
That is correct if you have been out of status before and are a beneficiary under 245i, do not leave the country until you have succesfully adjusted staus to a Lawful Permamnent Resident. Advanced Parole does not guarantee your entry in to the US and it is to the discretion of the POE officer. It is a catch 22, dont do the mistake of leaving the country untill you have your 485 approved and stamped on your passport.
Thanks,
MNP
guju and MNP - thanks for the replies
My friend is aware of the risk involved. He has spoken to several people in similar situation and they have travelled without problems (maybe all of them were lucky). He cannot afford the alternative of waiting for 3+ years for 485 approval - TSC.
My friend is aware of the risk involved. He has spoken to several people in similar situation and they have travelled without problems (maybe all of them were lucky). He cannot afford the alternative of waiting for 3+ years for 485 approval - TSC.