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ADVANCE PAROLE

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  • ADVANCE PAROLE

    If someone leaves the U.S. while advance parole is pending, and the advance parole is mailed to them, and the authorities realize that they left the country before actually being granted advance parole, what are the consequences? This is someone who is married to a U.S. citizen and never was in the country illegally. Can they put the person in jail, or would they just send her back to her own country?

  • #2
    If someone leaves the U.S. while advance parole is pending, and the advance parole is mailed to them, and the authorities realize that they left the country before actually being granted advance parole, what are the consequences? This is someone who is married to a U.S. citizen and never was in the country illegally. Can they put the person in jail, or would they just send her back to her own country?

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    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by tap:
      If someone leaves the U.S. while advance parole is pending, and the advance parole is mailed to them, and the authorities realize that they left the country before actually being granted advance parole, what are the consequences? This is someone who is married to a U.S. citizen and never was in the country illegally. Can they put the person in jail, or would they just send her back to her own country? </div></BLOCKQUOTE>

      Traveling Outside the U.S.
      An alien may travel abroad while an application to adjust status is pending. Applicants must obtain advance parole in order to avoid the abandonment of their application to adjust status. An applicant may obtain advance parole by filing Form I-131, Application for a Travel Document, along with the application fee. If the Service approves Form I-131, the alien will be issued Form I-512 Authorization for the Parole of an Alien into the United States. Aliens granted advance parole will still be subject to inspection at a port-of-entry and to the 3- and 10-year bars to admission under section 212(a)(9)(B) of the Act if they accrued more than 180-days of unlawful presence before departing.

      Most likely she will be refused entry at the POE and have to start all over again with the petition. Advance parole should be secured before departure.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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