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  • advance parole

    Can somebody apply for AP who had been out of status for more than 180 days and filed AOS with 245i(through employment)? Is there any way to get back into the US without problems?
    Thanks for the help.

  • #2
    Can somebody apply for AP who had been out of status for more than 180 days and filed AOS with 245i(through employment)? Is there any way to get back into the US without problems?
    Thanks for the help.


    • #3
      One can always apply for Advanced Parole and would likely get it. But, the question is whether, it's prudent to leave the U.S. when one has been illegally present for over 180 days. And the answer is NO, it's not a good idea at all. Even if you had AP, when you try to reenter the U.S., 3-yr bar to reentry will kick in and the risk is grave that you could get stuck outside.


      • #4
        Regardless the 245i I couldn't get in?
        Can you tell me what the difference is between LIFE Act and 245i? I think the applicants with LIFE can travel with AP, can't they?
        Thanks for your time.


        • #5
          But hopefully somebody can help...


          • #6
            Jesse is correct...


            • #7
              CSS LULAC cases can travel on AP. .
              OVer stay means you entered legally and who entered legally 245i is not applied to you.


              • #8
                If CSS/Lulac applican enter without inspection and overstayed, will that person able to travel if that person now holds EAD through Life?


                • #9
                  but there's some things I don't quite understand. First, 245(i) does apply to me and I had to pay the $1000 penalty to INS upon filing for I-485.( I think the rquirement was that one had to be present in US on 12.21.2000, and to have a pending case with DOL/EAD or INS until 04.31.2001.) With 245(i) I don't have to leave the country to adjust to PR, and I'm "forgiven" having been out of status for more than 180 days. Correct me please if you know otherwise.
                  I don't know exactly what CSS LULAC means and the LIFE ACT seems a little complicated too. I thought that 245(i) was part of LIFE, wasn't it?
                  I know that those with LIFE processing can travel on AP. And the ones with 245(i)?


                  • #10
                    You should read whole 245.
                    clause I is for illigal aliens( i should say aliens who entered without inspected. Aliens who entered with inspection and overstayed also called illigal aliens but they entered with visa so 245i is not for them.)



                    • #11
                      I just did a search on Yahoo, this is what I've got:

                      "Background: Section 245(i) would allow eligible people to adjust their status in the U.S. when their immigrant visas become available. Immigrants who adjust their status under this provision pay a steep fine for having been in the U.S. illegally, and in return are not forced to endure a separation from their family or employer for a three- or ten-year period. The extension measures Congress currently is reviewing would extend the period of time within which eligible people can file their petitions and applications with the Immigration and Naturalization Service (INS) and the Department of Labor (DOL).

                      Section 245(i) was temporarily reinstated into immigration law, after having expired in 1998, by the Legal Immigrant Family Equity Act (LIFE Act) enacted in 2000. The LIFE Act provided a window of just four months during which time persons wanting to petition for a family member or employee had to file with the INS or DOL. By the deadline, April 30, 2001, many were unable to file a petition for a variety of reasons. H.R. 1885 does not provide enough time to file petitions and applications and is unnecessarily restrictive......"

                      Here's the full link:
                      So is 245(i) part of LIFE ACT????


                      • #12
                        Thats the general description of the LAw you may read the eligiblity and H.R 1885.

                        Yes its for illigals but which kind of illigals? illigals who entered without inspection( 245I) , Late Amnesty?, Cristian service Law suits registrant, over stayed, Proiority workers who fell out from status,? which one , read all that and you will find answer.

                        The people who was intervieed and was approval they are allowed to travel as they are just waiting for their visa availablity, ( INS have annual cap to Issue Visas) For Example IF Annual cap for 2003 is 4000 then only 400 aliens will get immigrant visa rest of them will wait for year 2004 but they will be allow to travel on AP.


                        • #13
                          I really appriciate your help mr. Modorator. that helped.


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