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Should
I Use AP to Travel to My Home Country while My I-485 Is Pending? |
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Should
I Use AP to Travel to My Home Country while My I-485 Is Pending? |
| Hi
William, Due to the economic problem of my employer, I got layoff. I have not held any immigration status for over two months. My friend told me I was "unlawfully present." I filed my I-485 application and Advanced Parole already (Application for Adjustment of Status), and the I-485 is pending. Since I do not have a valid I-94, and I have not seen my family in many years. Should I use the AP to travel to my home country while my I-485 is pending? Answer,There is a difference between being out of status and being unlawfully present under U.S. immigration law. If you are out of status for over 180 days, you are not entitled to obtain the I-485 approval under law. After you were unlawfully present in the U.S. for more than 180 days, you will be subject to either a three-year or ten-year bar to admission to U.S., even you have Advanced Parole (AP). The AP does not protect you from this consequence. Thus, even if you are allowed to return to U.S. with the AP, you potentially will be unable to adjust status to permanent residence. Such travel is not advisable. |
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