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Visiting homecountry on Approval letter

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  • Visiting homecountry on Approval letter

    Hi all,
    I want to know if a person who's approval letter for green card (sponsered by mother and living in states)had arrived but no interview date yet. If he wants to go back to his country on payroll (i don't know the exact name that u call for adjustable permission where u can stay in the country for x amount of time)what are his chances if he has expongment criminal record?
    I'm sorry if i'm not been clear but please give your advise.
    Thanks

  • #2
    Hi all,
    I want to know if a person who's approval letter for green card (sponsered by mother and living in states)had arrived but no interview date yet. If he wants to go back to his country on payroll (i don't know the exact name that u call for adjustable permission where u can stay in the country for x amount of time)what are his chances if he has expongment criminal record?
    I'm sorry if i'm not been clear but please give your advise.
    Thanks

    Comment


    • #3
      Hi Sammi and welcome,

      How old are you, or under wich category your mother filed for you?

      Second, what's your current status in the US ?

      Your answers may help us with providing more accurate advice.

      Comment


      • #4
        it's not for me it's for one of my friend and he is over 21. I'm not sure what exactally the visa name is for him but he had a street fight some yrs ago and was arrested for that and plead guilty. His lawyers told him if he could get an expongement from the judge that the sentence was reduce to few months it won't effect the immigration status. Anyways he got his approval letter few months back and now wants to visit his country on permission so he can come back and get his green card. Please feel free to ask more question coz this is my first time posting on here and don't know much about laws . Thanx aneri

        Comment


        • #5
          I am sorry I made wrong assumption...

          Do you happen to know your friend's current status?

          Travel document called Advanced Parole is only available to people who have applied for adjustment of status, but have't had the interview or received the green card. Has your friend applied for AOS, or only I-130 was approved?

          When a USC parent files for unmarried son/daughter over 21 (was that the case ?), after the initial approval of I-130, the benificiary has to wait for a visa number to becomes available. Depending on country of origin, it could take between 5 and 15 years before beneficiary can start the process called adjustment of status (providing they are still legal in the US).
          It is a different story if USC files for unmarried child under 21. In that case a benificiary can apply for AOS at the same time the I-130 is filled by a parent.

          I don't know much about expongement of records and its effect on immigration matters. So I'll let that part to others to comment.

          I know this doesn't answer your questions, but I thought let first figure out if your friend can safely travel (regardless of his record).

          Good luck

          Comment


          • #6
            Thanx. I got more info now . His I-130 has been approved and the lawyer has told him that as soon as his mother becomes citizen (her interview is on Nove. 8) he will get his green card within 9-12 months. My question was what is the chance of him getting the advanced parole to visit his country and safely coming back to US w/o any problem? Also how long the process is to get the permission once you submit the application? The lawyer said it's risky and he shuldn't do that but that's what he said when he went for registration after 9/11 and nothing happend.

            Comment


            • #7
              It doesn't sound like your friend has applied for adjustment of status ( I-485) yet, so he is NOT eligible for Advance parole.

              Comment


              • #8
                Yes his lawyer has applied for I-485 and also gave him the forms for the parole to give it a try. However he said that he'll be putting his green cared on risk if he leaves the states. Is this true?

                Comment


                • #9
                  Advanced Parole offers no guarantee that you'll be allowed to reenter, similar to how they can turn away people with valid visa from entering the country.

                  Having said that unless your friend is here illegaly or have accrued illegal stay in the past or having any black mark in the eye of the law/immigration, chances are pretty high that he won't have any problem reentering the country with AP.

                  Comment


                  • #10
                    Thanx marma. as the lawyer said there are 50/50 chance. Nope he has been sponsered and never had any ilegal stay here but did have a street fight where he was arrested and released on prohibation few years ago.

                    Comment



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