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  • Advance Parole

    If someone has the EAD and in the process of AOS, what happens if they leave USA without a Advance Parole and trys to re-enter USA. What will happen:

    1. Cannot enter USA
    2. Enter USA with Special Registration.

    Thanks.

  • #2
    It depends. If you have a valid dual-intent visa (such as H1-B), then nothing will happen. If not, leaving the US without AP while having a pending AOS will be translated as intent to abandon permanent residency, and INS will automatically cancel your I-485 application.

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    • #3
      Note : if you overstayed your visa before filing for AOS and try to re-enter you will be barred and banned from entering again for 3/10 years depending on the length of the overstay.



      I am not a lawyer nor do I pretend to be one. So please double-check any information given by me or anyone else for that matter with a certified (immigration)lawyer before you take any further action.

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      • #4
        If you leave without an AP you will be abandoning your petition.......and subject to the bars like xandtrick said depending on the length of your stay.

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        • #5
          OF you leave on advance parole and denied Entrance for any reason, your application will be treated as abandoned.
          If you are allowed to enter then, your application is still valid.

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          • #6
            Thanks you all for the responds.

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            • #7
              Those that enter on Advance Parole are NOT required to Special-Register.

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