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  • Advanced Parole

    Hi Mohan
    I've to thank you very much for you help and your very helpfull advise
    My ? is:
    I'm USC and have been married my husband, who is recently in processing to get his GC.
    He got already EAD & SS#, but we are waiting for our AOS interview. My husband has forcing me up
    to get for him Advance Parole so he'd be able to go to travel to our country (homeland).
    I'm scarry to let him do that, becouse he has overstayed his visa more for a years and he will be banned for 10 years bar...
    I'd like him to stay here untill he gets his interview & if hi's lucky hi we'l pass it.
    am I correct?
    any advise will be greatly appressiated.
    Thank you

  • #2
    Hi Mohan
    I've to thank you very much for you help and your very helpfull advise
    My ? is:
    I'm USC and have been married my husband, who is recently in processing to get his GC.
    He got already EAD & SS#, but we are waiting for our AOS interview. My husband has forcing me up
    to get for him Advance Parole so he'd be able to go to travel to our country (homeland).
    I'm scarry to let him do that, becouse he has overstayed his visa more for a years and he will be banned for 10 years bar...
    I'd like him to stay here untill he gets his interview & if hi's lucky hi we'l pass it.
    am I correct?
    any advise will be greatly appressiated.
    Thank you

    Comment


    • #3
      You are correct. When you have overstayed for more than 180 days you will be barred upon re-entry.

      Advance Parole is not an option for him, he will have to wait till after the interview.



      http://members.lycos.co.uk/usimmigration

      Comment


      • #4
        My husband overstayed his visa by more than 180 days and he received two advance paroles and was re-admitted to the US. The problem we are facing now is the issue of unlawful presence--see my posts about the April 1, 1997 date. After this fiasco we have now, I would not recommend getting an advance parole.
        Jill

        Comment


        • #5
          Thank you very much for all of you .
          God Bless You.
          lesia

          Comment


          • #6
            He's really lucky to have overstayed 180 days and been allowed back in. I wouldn't risk it. Overstaying by more than 180 days does make you subject to the bans.

            Comment


            • #7
              Its a risk to go on advance parole to visit outside. Once you are overstayed you are subject to bar according to Immigration LAW.But bar only trigger once you leave. sometimes INS office makes mistakes in inspection if some one thoruogh check and found out that alien was overstayed , he will be bard to enter and straightway put into expidite removal at the port of entry and given option to either return to his own OR he will be deported from the port of entry, difference is if alien return to his own accord then there are no record otherwise it goes on record and have more problems.
              its not a good idea for aoversayer to go on parole.

              Comment


              • #8
                TO LESIA: I AM NOT A IMMIGRATION ATTORNEY, BUT I HAVE SPENT YRS IN STUDYING IMMIGRATION LAWS. FIRST OF ALL, YOU HAVE TO UNDERSTAND THAT ADVANCE PAROLE IS USED OR GRANTED ONLY AT EMERGENCY NEEDS TO TRAVEL NOT JUST BECAUSE YOUR HUSBAND WANTS TO TRAVEL HIS HOMELAND, SECONDLY YOU CAN NOT HELP HIM IN ANY WAYS TO OBTAIN ADVANCE PAROLE SINCE YOU SAID ON YOUR POST THAT HE IS ASKING YOU TO GET ADVANCE PAROLE FOR HIM. IF HE WANTS TO GET THE ADVANCE PAROLE THEN HE NEEDS TO GO HIMSELF TO THE LOCAL INS OFFICE WHERE THE ADJUSTMENT OF STATUS APPLICATION (GREEN CARD)IS PROCESSING ALONGWITH TWO PIC, COPIES OF FILED I-1485 AND I-130 PETITIONS, MARRIAGE CERTIFICATE AND IF HE HAS PROOF TO SHOW THE EMERGENCY THEN IT IS OK, BUT IF NOT THEN HE CAN SAY THAT HE RECEIEVED CALL ABOUT THE EMERGENCY.THIRDLY, HE WILL NOT FACE ANY PROBLEM TO RETURN BACK AS LONG AS HE RETURNS BEFORE ADVANCE PAROLE DOCUMENTS EXPIRES AND HE DOES NOT HAVE ANY CRIMINAL PROBLEM HERE, BUT THE TRUTH IS WHEN YOU GUYS WOULD GO TO THE INTERVIEW ON HIS GREEN CARD APPLICATION, THEN IT MIGHT BE PROBLEM BECAUSE OF HIS UNLAWFUL STATUS PRIOR TO FILING GREEN CARD APPLICATION. BUT I MUST TELL YOU THAT IT WOULD ENTIRELY DEPEND ON THE OFFICER WHO WOULD INTERVIEW HIM, BUT PL NEVER LIE TO THE OFFICER. MOST OF TIME, OFFICER DOES NOT EVEN CARE ABOUT THIS ISSUE, BELIEVE ME AND APPROVES THE GREEN CARD APPLICATION RIGHT AWAY AND IF THERE IS ANY PROBLEM BECAUSE OF THIS BAR THEN YR HUSBAND NEEDS TO FILE A WAIVER APPLICATION WHICH WOULD MOST DEFINATELY BE APPROVED IN YOUR CASE SINCE YOU ARE A US CITIZEN AND HIS WIFE SO INS KNOWS THAT IF THEY WOULD NOT GRANT THAT WAIVER TO HIM YOU WOULD FACE EXTREME HARDSHIP IN THE ABSENCE OF HIM. IMMIGRATION CAN NOT MAKE THEIR OWN LAW ITSELF WHILE THEY FOLLOW THE LAW AND IMMIGRATION LAW FORCES THEM TO GRANT THAT WAIVER IN THE SITUATION LIKE YOU. MOST OF THIS WAIVER APPLICATION IN THE CASES LIKE YOU, WOULD BE GRANTED AT THE SAME TIME WHEN YOU GUYS ARE BEING INTERVIEWED, SO THERE IS NOT MUCH YOU NEED TO WORRY ABOUT THIS BAR ISSUE IN THE CASE LIKE YOURS. BASED ON THE LAW, THEIR IS A WAIVER AVAILBLE FOR YOUR HUSBAND IF SOMETHING GOES WRONG. BUT, IF YOUR HUSBAND CAN WAIT UNTILL THE INTERVIEW, THAT WOULD BE GOOD. ISN'T UNTILL NOW HE WAS WAITING ANYWAY SO WHY NOT WAIT LITTLE LONGER.I DO THINK THAT IT WOULD TAKE THAT LONG IF YOU LIVE IN WEST COAST ( I ASSUME THAT YOU LIVE IN WEST COAST), BUT IF LIVE HERE WHERE I LIVE NEW YORK CITY (EAST COAST) THEN THE GREEN CARD APPLICATION WOULD TAKE VERY LONG TIME 2-3YRS TO PROCESS. GOOD LUCK.

                Comment


                • #9
                  SAMMY, are you Umesh Passi?

                  Comment


                  • #10
                    I have no idea at all that why some of people over this Discussion Board are considering me as Umesh, while honestly i do not even know who is Umesh, and i never have read his any of post before. But, i can imagine that the Umesh, whoever he is probably has been helping the people thru giving right advise so far based on lmmigration laws and his/her experience in this field. Nevertheless, it is my own opinion that people should be concerned only to the topic or immigration issue rather than other unrelated matter such as using lots of profanities or wasting their time for uneccessary subject. We are trying to help the people to clarify the immigration issue as the best of our knowledge what posters have on this Board over here even though we are also waisting our time and others things doing that. I do know that nobody ask us to give advise or opinion but we chose to give, for only reason to help them out. Is it wrong? I hope that we all will stick to the subjective part of the issue.

                    Comment

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