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How safe is form I-512L

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  • How safe is form I-512L

    Hello, My wife has an I485 pending since March 1 2006, She just got approved for an advanced parole I-512L. before we applied for I485 she overstayed her I94 for more than a year. We do have the Authorization for parole in hand but the question is how safe is it for her to re enter the US if we travel abroad using it. We heard it is up to the officer at the airport whether to let her in or not.

    Thank you

  • #2
    Hello, My wife has an I485 pending since March 1 2006, She just got approved for an advanced parole I-512L. before we applied for I485 she overstayed her I94 for more than a year. We do have the Authorization for parole in hand but the question is how safe is it for her to re enter the US if we travel abroad using it. We heard it is up to the officer at the airport whether to let her in or not.

    Thank you

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    • #3
      AP used to have (maybe still does) a warning printed on it regarding the overstay and travel. Have you read it?

      Using AP is tricky and may have legal consequences. When a person is paroled into the US, that means the person is conditionaly let in. According to some interpretations, from the legal standpoint, that person is still "standing" at POE waiting for the AOS, a permission to legaly reside in the US.

      People who are "paroled" into the US are in the "weaker" position than those who are "admitted". For that reason, some lawyers recommend not to use AP even if the alien has no bad record with USCIS, unless it is an emergency.

      Having that in mind, even if it happens that your wife is allowed to re-enter on the AP, AOS may be denied since she has a 10 year bar (and is not admissable). An in-coutry waiver may be required in that case.

      Well, she also may not be paroled.

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      • #4
        I cannot understand that a person will stay out of status without going back to their country for so long, bu the minute they have an adjustment case in, they suddenly wants advance parole to go home. People that is out of status is not eligible for advance parole, they will give it to you but you are under the same inspection as a visitor, it is no surety they will let you back in.So if you waited over a year, you could wait awhile longer.

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        • #5
          Thank you for your information, Ren, my wife was in a car accident and had some health issues and planned to leave after all the legal and hospital issues resolved. This trip was not meant to be for leisure but to say goodbey to a family member.

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          • #6
            Ok, here is another question for you guys. When my spouse gets het GC which might be a conditional one will she need a travel document or a re-entry permit? Thanks

            Comment


            • #7
              No. She will need only her green card and thats it.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Richardt64:
                Ok, here is another question for you guys. When my spouse gets het GC which might be a conditional one will she need a travel document or a re-entry permit? Thanks </div></BLOCKQUOTE>

                Depends on how long she would be gone.. Re-entry permit is a good idea if you are talking about a longer trip (6+ months), and necessary if she stays out of the country more than a year.

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                • #9
                  Thank you boyan and aneri, the trip would be only for 2 weeks maybe three.

                  Comment


                  • #10
                    Another update on my wife's case. Everytime I check the staus online it says that the file is at MO office. Now it says that it is at the national benefit center but progress is still the same only the location of the I485 changed. Any idea what that means? Thanks

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                    • #11
                      That's strange. Usually that occurs when the appplication is ready to be sent to embassy for consular processing. Since your wife is already in US, the application should be sent to local district office to schedule for interview.

                      Perhaps the petition gets sent to the district office via national center, which doesn't really make sense though. Perhaps there is a problem with the overstay issues.

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                      • #12
                        We had the interview last August at the local Office. It was about 20 minutes long just routine questions, examiner said he would send us a letter once case is finalized and approved. last month we got an info pass only to find out that her name is still waitng to clear with FBI.

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                        • #13
                          Thanks for the input templar, I was also concerned so I called the INS today and told me that the National benefit Center is in MO so the file is still in the same place.

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