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  • Case type I140

    My husband in currently on this case and so far we have received our work permit but showing that we cannot leave the country. Is there any possibility for us to leave and come back on a free basis as well as the others coming to this new program for a temporary legalization?
    Can we apply for this program even though we are currently on process to receive a green card?

  • #2
    My husband in currently on this case and so far we have received our work permit but showing that we cannot leave the country. Is there any possibility for us to leave and come back on a free basis as well as the others coming to this new program for a temporary legalization?
    Can we apply for this program even though we are currently on process to receive a green card?

    Comment


    • #3
      I-140 is associated with Employment based AOS. I assumed your work-permit means the EAD card. If thats the case and your husband is working using that (instead of H1-B visa or anything else) then the only option to travel abroad is by applying for Advanced Parole (I-131). Once you got that, you should be able to travel freely in and outside the US.

      I don't understand what you means by "showing we cannot leave the country" nor about the "temporary legalization".

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      • #4
        Our EAC shows that it's not valid for re-entry in the US, and I was asking if we could apply for this new program "guest worker" ?
        I know that even applying for an Advance Parole its not a guarantee to re-enter to Us, correct?
        Why this new program will let people travel outside freely and us on legal means can't?

        Thanks for your response

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        • #5
          By EAC are you meaning EAD?
          Yes, EAD card are not intended as re-entry permit, hence the written notice on the card. And yes, AP doesn't guarantee free pass to the US soil as well, but so is VISA of any type. Even GC holder can be denied entry to the US if the Immigration officer at POE decides to do so. But unless you have extreme situation, AP is a pretty safe bet.

          A word of caution though, if you do have other immigration litigation/ruling pending (besides the AOS), you might want to consult with a lawyer first before traveling with AP.

          The guest worker program is useless for you since you're technically a few step above of them. Think of this program as a H1-B for the uneducated/physical labor type.
          You're close to getting the GC, while these people is not even clear how they can be approved for GC (if ever). And this program hasn't even be presented to congress yet.

          As for the justification for letting these illegals bypass the law at the expense of legals one, all I can say is 2004 is an election year, and Dubya want to win hispanic vote to ensure his 2nd term at any cost.

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