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Advance Parole - need your input please

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  • Advance Parole - need your input please

    Hello,
    I arrived in the US on a tourist visa and spontaneously got maried to my husband ( US citizen). We went to see a lawyer to discuss our immigration paperwork. When I asked the lawyer about filing for advance parole, he told me that it was not even an option. According to this lawyer advance paroles would only be granted in absolute emergency situations with proof from a doctor. Furthermore the lawyer told me that the advance parole would only be approved at the same time the Alien petition was approved, which would take approx. 1 year.
    I was absolutely shocked about the lawyers information since it is very important to me to be able to go back to my family overseas.
    I have done a lot of research on the internet and could not find anything stating that Advance parole would only be approved for absolute emergencies only nor that it would not be approved until the alien petition is approved.
    I would like to add that I have not been in the US for longer than 90 days. I am very worried and would very much appreciate any input or experience you guys might have in regards to this matter. Thank you so much !

  • #2
    Hello,
    I arrived in the US on a tourist visa and spontaneously got maried to my husband ( US citizen). We went to see a lawyer to discuss our immigration paperwork. When I asked the lawyer about filing for advance parole, he told me that it was not even an option. According to this lawyer advance paroles would only be granted in absolute emergency situations with proof from a doctor. Furthermore the lawyer told me that the advance parole would only be approved at the same time the Alien petition was approved, which would take approx. 1 year.
    I was absolutely shocked about the lawyers information since it is very important to me to be able to go back to my family overseas.
    I have done a lot of research on the internet and could not find anything stating that Advance parole would only be approved for absolute emergencies only nor that it would not be approved until the alien petition is approved.
    I would like to add that I have not been in the US for longer than 90 days. I am very worried and would very much appreciate any input or experience you guys might have in regards to this matter. Thank you so much !

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    • #3
      That is complete BS. You can get advanced parole for any reason. Save yourself money and apply on your own or at least get a new lawyer. It takes about 6-8 weeks to get then shove it in that lawyers face.

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      • #4
        Advance Parole USED TO BE only for emergencies, but not anymore. It is very important that when you apply for it you are not an overstay, otherwise even if it is granted you will not be allowed back into the US.

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        • #5
          Michael not true.

          You came here on tourist and got married now you want AP 'to go and see your family'? I doubt you will get it,unless you have good reason to ask for AP.How soon after getting here did u get married?

          Whats the emergency that 'you have to' to go to? It better be a good reason or AP will be denied straight up.Exercise patience, thats what getting benefits is all about about.

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          • #6
            Look schmuck; my fraudster applied for AP and we had no problem; I know what I am talking about you bast@rd

            AMERICA - LOVE IT OR LEAVE IT (BUT YOU BETTER GET THE AP FIRST)

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            • #7
              Thank you very much for your replies.
              I got married about 60 days after I entered the US. Is it correct that you are an "overstay" if you have been in the US for more than 180 days before you file your petition?
              Thanks again

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              • #8
                Look Heidi Fleiss and pay attention. I had assumed you had already applied for adjustment of status (AOS). Once you apply for AOS, whatever status you had is invalid and you need the advance parole. IF you have not applied for AOS, you better. DO NOT TRAVEL OUT OF THE COUNTRY ON ANOTHER VISA ONCE YOU ARE MARRIED OR ELSE YOU WILL NOT BE ALLOWED BACK IN. If you do not apply for AOS and your visa expires, you will become officially out of status after 180 days and they frown upon that.

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                • #9
                  I think this is the only post Michael spoke sense, except that part about calling me names which I will ignore.

                  I know you are enjoying lucid moments everytime you make sense.

                  Welcome to the world of the normal Michael,not sure how long you will stay.

                  Heidi,dont quote me on AP, I think Aguila is right on this one.

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                  • #10
                    Hello Heidi, I applied for AP 2/2002 and got approved in 8/2002, I-140(employment based petition) was approved 6/2002, filed for AOS 7/2002 and it's still pending at this time. My employer applied for the AP for me just in case there was an emergency in my family back home but I never get the chance to use it and it expired 8/2003 'coz I don't need to go back home. So, I think it's ok for you to apply for it if you really need to go home, hope this info helps. Have a great day.

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                    • #11
                      I am surprised that Michael is making sense and is not as obsene as usual. Thanks, Michael!

                      Anyway, depending on how long AOS takes in your local office, you may not even need AP.

                      Otherwise, AP is not for emergencies only.

                      If you spend more than 180 days but less than a year out of status (that's counting from the expiration date on your I-94), you will be banned from the States for 3 years. If you are out of status for more than a year - it's a ban for 10 year.

                      If you apply for AOS before the expiration date on your I-94, you will not be out of status.

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                      • #12
                        Thanks to all of you for your replies- they took away some of my worries. I will file for AP at the same time I am filing for my AOS and we will see what happens.
                        Thanks again and have a great day!

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                        • #13
                          Heidi:
                          If you were out of status, and you get advance parole (it is NOT "advanced parole"), you may be denied readmission. And, if your marriage comes apart, you can ONLY finish THAT PARTICULAR AOS. Anything else is not the purpose for your "parole" into the USA. If you had a B-2 visa (NOT WT, or "visa waiver"), and were still in valid status ON THE DAY THE PETITION/APPLICATION FOR AOS is filed, then AP can make sense. If your marriage is shaky, if you have ANY immigration violations, AP is unwise. I recommend against people using it, for the simple reason you are not "admitted" on AP status. You are still legally OUTSIDE the USA on the AP. Therefore, the Constitution does not grant you protections under the 14th Amendment, etc. The rules are different. You are not "deportable" if something goes wrong, you are "excludable". These are pre-1966 words, but the concepts remain the same. People who are "excludable" have very few rights to challenge the system when the government makes goofy decisions. And, they do it a lot. Think about Michael. Some of them actually think like him. Ugh>

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