Cvitale

Dear All,

I am a US citizen that has petitoned for my spouse who I met while working for an
american company in Italy. She already had a conditional green card. Since we forgot
to remove conditional status, we were informed after many years that she had to
refile I-130 and
485. We did so and also obtained advance parole in order to be able to come overseas.
My contract will expire in about 14 months or so. Does anyone know what will
happen if she does not get her green card before the advance parole document
expires and we need to return overseas till my contract ends? INS told me that
we have to return to the states before the parole document expires, but we also
have to return overseas where I work. I am confused! Can Advance Paroles be
issued more than once?

Thanks to all who read this.

Mrtravel

cvitale wrote:
    > Dear All,
    > I am a US citizen that has petitoned for my spouse who I met while working for an
    > american company in Italy. She already had a conditional green card. Since we
    > forgot to remove conditional status, we were informed after many years that she had
    > to refile I-130 and
    > 485. We did so and also obtained advance parole in order to be able to come
    > overseas. My contract will expire in about 14 months or so. Does anyone know
    > what will happen if she does not get her green card before the advance parole
    > document expires and we need to return overseas till my contract ends? INS
    > told me that we have to return to the states before the parole document
    > expires, but we also have to return overseas where I work. I am confused! Can
    > Advance Paroles be issued more than once?

Yes. Many people take longer than 1 year to get status adjusted and need to file for
AP again, as well as EAD if they want to continue working. However, it sounds like
she is trying to use AP over and over in order to live outside the US. This is NOT
what AP is for. You don't normally file I-485 and then move back outside of the US on
AP until adjustment. Do you have a US residence also?

Mdudall

Wait a minute. Are you saying she had conditional status, failed to file to remove
the conditions, began accruing unlawful presence for a number of years, then you
filed a new I-130 and I-485 and also obtained AP?

Harvey Leems

Simply apply for and obtain the AP. She can't travel without it and it will be
difficult to get while overseas!


--
Harvey Leems "cvitale" <[email protected]> wrote in message news:[email protected]
gle.com...
    > Dear All,
    > I am a US citizen that has petitoned for my spouse who I met while working for an
    > american company in Italy. She already had a conditional green card. Since we
    > forgot to remove conditional status, we were informed after many years that she had
    > to refile I-130 and
    > 485. We did so and also obtained advance parole in order to be able to come
    > overseas. My contract will expire in about 14 months or so. Does anyone know
    > what will happen if she does not get her green card before the advance parole
    > document expires and we need to return overseas till my contract ends? INS
    > told me that we have to return to the states before the parole document
    > expires, but we also have to return overseas where I work. I am confused! Can
    > Advance Paroles be issued more than once?
    > Thanks to all who read this.

Chris Parker

    > I am a US citizen that has petitoned for my spouse who I met while working for an
    > american company in Italy. She already had a conditional green card. Since we
    > forgot to remove conditional status, we were informed after many years that she had
    > to refile I-130 and
    > 485. We did so and also obtained advance parole in order to be able to come
    > overseas. My contract will expire in about 14 months or so. Does anyone know
    > what will happen if she does not get her green card before the advance parole
    > document expires and we need to return overseas till my contract ends? INS
    > told me that we have to return to the states before the parole document
    > expires, but we also have to return overseas where I work. I am confused! Can
    > Advance Paroles be issued more than once?
    > Thanks to all who read this.

The period of time from when the 2-year green card expired until you refiled for
adjustment of status is unlawful presence. I presume this was more than 1 year. In
such a case, she will be inadmissible to the U.S. for 10 years from the date she
departs. For that reason, I'd strongly recommend against U.S. departure (if she
hasn't left already) until she gets her green card back.

If she does depart with the AP anyway, she may re-enter with the advance parole prior
to its expiration just fine, but don't expect her I485 to be approvable until 10
years after her U.S. departure. You can get another AP document only by returning
the U.S. and filing a new I131 while the I485 is still pending and waiting in the
U.S. (or returning to the U.S.) to pick it up when ready. They will not send them to
the consulate abroad, and she must personally pick it up in the U.S.

Good luck. CP

Mrtravel

I am confused.. I am under the impression they are out of the country right now.
Maybe he can confirm...

I read the post as

1. Had a green card (conditional)
2. Never filed I-751, so they needed to file I-485/130 to get status.
3. Filed for AP while waiting for AOS
4. Left US on AP.
5. AP is about to expire
6. They plan to stay out of the US for 14 more months.

To me, it seems like they are living outside the US on an AP.. I would think this is
different than filing I-131 for a reentry permit. After all, a reentry permit is for
residents that are gone to be gone. Currently, she doesn't have PR status, and is
under AP as he stated. So, it seems they filed I-485 and intend to be out of the US
for all or nearly all of the adjustment wait. Is this permitted? Doesn't AOS imply
they are actually residing in the US?

Harvey Leems wrote:
    > Simply apply for and obtain the AP. She can't travel without it and it will be
    > difficult to get while overseas!

Chris Parker

    > Wait a minute. Are you saying she had conditional status, failed to file to remove
    > the conditions, began accruing unlawful presence for a number of years, then you
    > filed a new I-130 and I-485 and also obtained AP?

Yes, I believe he is. That is the proper procedure in this situation.

Unlawful presence since April 1, 1997 (after conditional residence terminated at the
2-year anniversary) could be a problem for using AP right now, however.

CP

cvitale@ismett.

Thanks everyone!
She did not stay in the states for more than 6 months at a time since 1997. And yes we are overseas for most of the time till mid 2003. Is it a good idea to return to the states within a six month period after her last departure from the states even though the parole document is valid till the beginning of next year?

Thanks again!

cvitale@ismett.

Yes I do. I normally have lived in the States but now I work for an American Co. abroad and it has been a problem for me.

Thanks

cvitale@ismett.

Thanks. why did INS advise me to file a 485 and 130 when it probably would of been better to apply for it from overseas.
Do you think she needs to return to the US within a 6 month period from her last departure, or will it be safe to return as long as it occurs before the expiration date of the Adv. parole?

Thanks again

Chris Parker

    > She did not stay in the states for more than 6 months at a time since 1997. And yes
    > we are overseas for most of the time till mid 2003. Is it a good idea to return to
    > the states within a six month period after her last departure from the states even
    > though the parole document is valid till the beginning of next year?
    > Thanks again!

Are you saying they allowed you to return to the U.S. with an expired green card?

The green card is irrelevant now, you are an adjustment of status applicant. As
such, you need to return before the parole document expires to continue your
adjustment application.


CP

Chris Parker

    > Thanks. why did INS advise me to file a 485 and 130 when it probably would of been
    > better to apply for it from overseas. Do you think she needs to return to the US
    > within a 6 month period from her last departure, or will it be safe to return as
    > long as it occurs before the expiration date of the Adv. parole?

Maybe because they like to collect money from immigrants? They also don't know
you are living abroad, and that is actually contradictory to the purposes of a
green card.

The AP is useful, however, because if you get denied an immigrant visa from abroad,
you can still get back into the U.S. on your AP while it is valid.

INS is not your lawyer (nor am I lawyer or giving legal advice here). You do seem
confused enough that perhaps you should consult a lawyer, however.


CP

cvitale@ismett.

CP
[/QUOTE] Maybe because they like to collect money from immigrants? They also don't know
you are living abroad, and that is actually contradictory to the purposes of a
green card.

The AP is useful, however, because if you get denied an immigrant visa from abroad,
you can still get back into the U.S. on your AP while it is valid.

INS is not your lawyer (nor am I lawyer or giving legal advice here). You do seem
confused enough that perhaps you should consult a lawyer, however.
[QUOTE]



You are probably right, I am confused but your replies have been helpful!![COLOR=orange]