Traveling abroad while on security clearance wait

[esposa_de_mexicano]

Hi, maybe someone has an idea what to do?
My husband entered the US legally but overstayed for a couple years. We just got married last September, he already got his job permit, we had our INS interview at the end of January and we were told that now we just need to wait for the FBI clearance. We want to have a baby but the only way for us is to undergo in vitro. For thousands of important reasons, including the money, we are scheduled to do it in Europe in June of this year !!! I don't know what to do, if he goes with me he will compromise his application process and risk a denial of the admission to the country. For medical reasons we need to do it this year or we may not have a baby later. Somoene knows if there is a way, some kind of a waiver, that will allow my husband return to the US safely? He will be returning all by himself because I need to stay in the hospital under care of my friend-doctor.
I can't have my husband's baby without him!

[esposa_de_mexicano]

Hi, maybe someone has an idea what to do?
My husband entered the US legally but overstayed for a couple years. We just got married last September, he already got his job permit, we had our INS interview at the end of January and we were told that now we just need to wait for the FBI clearance. We want to have a baby but the only way for us is to undergo in vitro. For thousands of important reasons, including the money, we are scheduled to do it in Europe in June of this year !!! I don't know what to do, if he goes with me he will compromise his application process and risk a denial of the admission to the country. For medical reasons we need to do it this year or we may not have a baby later. Somoene knows if there is a way, some kind of a waiver, that will allow my husband return to the US safely? He will be returning all by himself because I need to stay in the hospital under care of my friend-doctor.
I can't have my husband's baby without him!

[Glühbirne]

IF YOU ARE WAITING FOR AN ADJUSTMENT OF STATUS, ESPECIALLY WHEN OVERSTAY WAS INVOLVED, IT IS ADVISED THAT YOU DO NOT LEAVE THE COUNTRY. YOUR HUSBAND COULD GET ADVANCED PAROLL, BUT HE COULD STILL BE DENIED ENTRANCE WHEN HE TRIES TO COME BACK HOME. YOU MAY WANT TO CONSULT WITH A GOOD, EXPERIENCED IMMIGRATION ATTORNEY. THERE IS A POSTER THAT GOES BY "SPOUSE" WHO'S HUSBAND HAD ADVANCED PAROLL BUT WAS NOT ALLOWED TO RE-ENTER DESPITE IT. YOU MAY WANT TO REVIEW THREADS STARTED BY HER.

[kenny]

I agree. Please do not travel without the passport getting stamped, especially if there is INS vilolation of any kind. You should get the security clearance soon (3-4 months from the day you were fingerprinted).

[BronzeLady]

You do not need an experienced attorney for this it is simple.....if you got married last September then the earliest you could have filed papers is 9/03. Your husband was out of status for over 1 year from 4/1/97 and if he leaves the country EVEN WITH PERMISSION (i.e., advanced parole) he will probably be returned to his country! Once he leaves the country he makes himself subject to the 10 year bar for having over 1 year unlawful presence in this country. Don't let him leave.