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  • Advance Parole

    hi guys
    i need some help here-- i am married to a US citizen-- have been interviewed for i-485 and i-130, but no decision and told to wait for decision in mail--- can i go india on advance parole --- and can i enter usa without any problems when i get back-- will i be asked questions at the port of entry--- i was illegal for more than a yr before i applied for i-485, and i-130.i asking all that cuz on ins web site it says that admission is not guaranteed even with issuance of advance parole. please help............
    thanx

  • #2
    hi guys
    i need some help here-- i am married to a US citizen-- have been interviewed for i-485 and i-130, but no decision and told to wait for decision in mail--- can i go india on advance parole --- and can i enter usa without any problems when i get back-- will i be asked questions at the port of entry--- i was illegal for more than a yr before i applied for i-485, and i-130.i asking all that cuz on ins web site it says that admission is not guaranteed even with issuance of advance parole. please help............
    thanx

    Comment


    • #3
      Please see my earlier posts regarding having to complete an I-601 now because my husband was illegal prior to filing I-485 and I-130 and he received advance paroles and used them. I would not recommend leaving the US, even if you have an advance parole.

      Jill

      Comment


      • #4
        Mr Gupta,
        You should not travel on Advance parole.
        youare over stayed your status by more then a year. you will be bar for 10 years according to IRRIRA of 1996. but bar only trigger if you leave the country. AP won't help to to enter back.

        Comment


        • #5
          How about if your passport is already stamped that you are now a LEGAL RESIDENT but still waiting for the greencard?

          Comment


          • #6
            then you don't need AP. just buy ticket and go.

            Comment


            • #7
              I want to clarify my previous posting, Mohan is right there is no need for AP.

              A friend of mine who only have a stamped for LR in his passport had to travel overseas for emergency. When he return back to US, he was guestioned and asked for the greencard (not yet available at that time). He has a cleaned background and finally released.

              My concern is, I overstayed and want to travel as soon as I get my stamped if possible without the greencard. Any comments on this please.

              Comment


              • #8
                once he get stamped he is allowed to go and return back. overstay will be abolished once he got adjusted and I-551 is stamped.

                Comment


                • #9
                  IF YOU HAVE BEEN INTERVIEWED ALREADY, THEN YOU WILL KNOW WHAT IT IS THE DECISION, I MEAN WHETHER IT IS APPROVED OR DENIED. SINCE ADJUDICATING OFFICER TELLS YOU RIGHT AWAY AFTER THE INTERVIEW ABOUT THE DECISION, BUT SOMETIME VERY RARELY THEY WOULD LIKE TO CHECH OTHER THINGS LIKE YOUR CRIMINAL BACKGROUND EVEN THOUGH YOU HAVE BEEN FINGERPRINTED LONG ENOUGH SINCE UNDER THE NEW INS LAW, THE INS CAN USE ONLY THE FINGERPRINT TAKEN WITHIN 1 YRS AND MOST OF TIME, THEY HAVE LOST OR MISPLACED THE FILE RELATED TO FINGERPRINTING OR IF COMPUTER UNABLE TO READ YOUR FINGERPRINT.BUT MOST OF TIME, AFTER THE INTERVIEW, THEY WOULD STAMP ON YOUR PASSPORT WHICH WOULD BE GOOD FOR ONE YR AND IT CAN BE USED FOR WORK AND TRAVEL, BUT BE SURE THAT IT DOES SAY "VALID FOR TRAVEL" OTHERWISE YOU WILL NOT BE ABLE TO COME BACK TO U.S. AND IF YOUR PASSPORT DOES SAY ABOUT THIS STAMP ABOUT VALID FOR TRAVEL THEN YOU HAVE TO GO TO YOUR LOCAL INS OFFICE AND THEY WOULD PUT THAT STAMP ON YOUR PASSPORT RIGHT AWAY WITHOUT ANY QUESTION SINCE EVERYTHING IS IN THE SYSTEM AND THEN YOU CAN TRAVEL ANYWHERE YOU WANT TO. YOUR PRIOR ILLEGAL STATUS OVER HERE BEFORE FILING I-485 HAS NOTHING TO DO AT ALL AND IT WON'T AFFECT YOUR ELIGIBILITY TO RETURN TO THE U.S. WHETHER YOU WERE SUBJECT TO 3/10 YRS BARS
                  ONCE I-485 IS APPROVED AND OFFICER AFFIXED I-551(GREEN CARD)STAMP ON YOUR PASSORT. BUT IF YOUR CASE IS NOT APPROVED YET, I WOULD ADVISE YOU DO NOT TRAVEL OUTSIDE THE US NO MATTER WHAT EVEN THOUGH YOU CAN EASILY OBTAIN ADVANCE PAROLE IN YOUR CASE BASED ON THE PENDING I-485 AND YOU WILL ALSO BE ABLE TO RETURN TO US ,BUT AT THE TIME OF INTERVIEW AGAIN INS MAY DENIED YOUR CASE JUST BECAUSE YOU WERE HERE ILLEGAL 6 MONTHS TO ONE YEAR PRIOR TO FILING I-485.AND THEN YOU WILL BE STUCK IN BIG MESS AND THEN YOU HAVE FILE A WAIVER ON THE BASIS OF HARDSHIP TO YOUR US WIFE AND IT HAS APPROVED FIRST BEFORE THEY EVEN THINK ABOUT TO APPROVE YOUR GREEN CARD APPLICATION, SO DO NOT TRAVEL UNLESS YOUR APPLICATION IS APPROVED AND YOU HAVE STAMP ON YOUR PASSPORT TO TRAVE OR IF THERE IS REALLY A VERY BIG-BIG EMERGENCY. YOU CAN EMAIL ME AT SANJAY968@AOL.COM ,I COULD ADVISE YOU BASED ON MY EXPERIENCE AND LAWS, IF I CAN.

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