advance parole

Old Dec 12th 2003, 6:36 pm
  #1  
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Default advance parole

hi all,

I am presenting a friend's problem, any coments

my friend was here on F-1 got married applied for AOS . he got work permit start working. He is waiting for AOS interview letter. In the mean time he wants to travel outside USA. He is thinking to apply for advance parole.

the question is:

1, Why you have to have advance parole to travel?
2, does Advance Parole means you will be permited to enter United states even his F-1 status is messed up (he is not atending classes after he filed I-485)

regards,

syed
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Old Dec 12th 2003, 10:25 pm
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Default Re: advance parole

Originally posted by syedraza70
hi all,

I am presenting a friend's problem, any coments

my friend was here on F-1 got married applied for AOS . he got work permit start working. He is waiting for AOS interview letter. In the mean time he wants to travel outside USA. He is thinking to apply for advance parole.

the question is:

1, Why you have to have advance parole to travel?
2, does Advance Parole means you will be permited to enter United states even his F-1 status is messed up (he is not atending classes after he filed I-485)

regards,

syed
You have to have Advanced Parole to travel while an immigration case is pending. If you don't then the process would stop. I had to do it while I was waiting for my green card approval. If I had travelled without it, then my green card processing could have been stopped and I would have to go back to the beginning.
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Old Dec 12th 2003, 11:45 pm
  #3  
Sylvia Ottemoeller
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Default Re: advance parole

"syedraza70" <[email protected]> wrote in message
news:[email protected]...

    > I am presenting a friend's problem, any coments

    > my friend was here on F-1 got married applied for AOS . he got work
    > permit start working. He is waiting for AOS interview letter. In the
    > mean time he wants to travel outside USA. He is thinking to apply for
    > advance parole.

    > the question is:


    > 1, Why you have to have advance parole to travel?

Because it is the law. Leaving the U.S. without having obtained advance
parole is deemed to be abandonment of the I-485.

    > 2, does Advance Parole means you will be permited to enter United states
    > even his F-1 status is messed up (he is not atending classes after he
    > filed I-485)


Yes. After the filing of Form I-485, the applicant is not required to
maintain valid temporary status.
 
Old Dec 12th 2003, 11:58 pm
  #4  
Vladimir Egorin
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Default Re: advance parole

On 2003-12-12, Sylvia Ottemoeller <[email protected]> wrote:
    > "syedraza70" <[email protected]> wrote in message
    > news:[email protected]...
    >> I am presenting a friend's problem, any coments
    >> my friend was here on F-1 got married applied for AOS . he got work
    >> permit start working. He is waiting for AOS interview letter. In the
    >> mean time he wants to travel outside USA. He is thinking to apply for
    >> advance parole.
    >> the question is:
    >> 1, Why you have to have advance parole to travel?
    > Because it is the law. Leaving the U.S. without having obtained advance
    > parole is deemed to be abandonment of the I-485.
    >> 2, does Advance Parole means you will be permited to enter United states
    >> even his F-1 status is messed up (he is not atending classes after he
    >> filed I-485)
    > Yes. After the filing of Form I-485, the applicant is not required to
    > maintain valid temporary status.

What if the status has been violated before filing I-485, would it
still be possible to obtain adv. parole and to travel?
Thanks,
--
Vladimir
 
Old Dec 13th 2003, 1:28 am
  #5  
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Default Re: advance parole

thank you, this really helped me.
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Old Dec 13th 2003, 2:53 am
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Default Re: advance parole

It may be possible to get advanced parole even if you have an overstay, but it may not be advisable to use it. Even if you are allowed to enter, if you have an overstay of over 180 days you may have worse problems. You may not be technicially "readmitted" and your adjustment application could be denied. You could be barred for 3 years or 10 years depending on how many days out of status you were. I am not qualified to explain this any better. Do a search for the "3/10 year bars".
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