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  • Advanced Parole

    If I am applying for AoS based on immediate family (spouse is US citizen) and we both need to travel abroad for less than 6 months, will advance parole allows me to re-enter even before my AoS is granted?

  • #2
    If I am applying for AoS based on immediate family (spouse is US citizen) and we both need to travel abroad for less than 6 months, will advance parole allows me to re-enter even before my AoS is granted?

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    • #3
      Yes, subject to a few conditions. The discretion of the POE agent and provided you didn't enter as a VWP and adjust while in the USA (no AP available) and provided your AOS isn't denied while gone, that is.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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      • #4
        One can use AP only until AOS is granted (with a very few exceptions).

        ...another condition is that you did not overstay in the US, or did something else that would make you inadmissible.

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        • #5
          Ok..I did overstay. We want to go to my home country for our catholic ceremony, but chances are I won't have my AoS approved by then. Do you recommend, then, to simply postpone and not travel until Aos is granted?

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          • #6
            How long did you overstay before filing for AOS?

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            • #7
              I had an F-1 that will expire this coming August. I fell off status in '04 after quitting school for some valid reasons...we filed for AoS a week ago.

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              • #8
                well, in short, to avoid any future trouble, you should postpone your trip to your home country until you have GC.

                Longer answer would be: students do not accumulate an overstay time until the violation of status is determined by immigration judge or other immigration officer...Looking from that perspective, you could be OK to leave the country without triggering the 10 year ban on re-entry. At the same time, if IO at POE starts questioning your previos status, you may get into a trouble.
                There is many information about this on the web, so read about it, and you'll get an idea what I am trying to say here.

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