Liv

Hi,

I am English married to a US citizen, I am in the US and have filed 1-485 and 1-130
and everything else you have to for a marriage visa and have received a receipt and
have a EAD card with an A# on it. I filed in January 2001. We will only be in the US
for 2 more years at most as my husband is in the USAF and we are retiring to England.
We have just had our first son and want to go home (England) at Christmas time to
introduce him to my family, including my very elderly Grandmother who has cancer.

I am really confused about the whole advance parole thing, the INS seem to contradict
themselves.

* Am I likely to be approved for advance parole?

* How long does it usually take to come through?

Some sites I've looked at say that leaving the US even with advance parole
approved, trips a law which can bar someone who is out of status from entering the
US for 3 years, or if you enter without problems your application can be denied on
these grounds.

* What status am I in?

* Are they likely not to let me back in? My case is 100% genuine, and I will be
travelling with my husband and our baby, complete with military ID's, a Texas
drivers licence and my EAD card with an A# on it.

Anyone who can help, I would be very grateful. Even after websurfing and numerous
phone calls I am totally confused!!!!

Thank you,

Olivia

Sylvia Ottemoeller

Liv wrote:

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Unless you spent some time out of status, there is no reason for advance parole to be
denied. See http://www.visalaw.com/95may/8may.html,
http://www.visalaw.com/97sep/12sep97.html.

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Each INS district office has its own usual processing time. See
http://members.aol.com/MDUdall/instimes.htm.

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This is true. The bar is triggered for persons who have spent at least 6 months
inside the U.S., out of valid status. And not all types of status violations start
the clock counting, only some.

Why do you think this might apply to you?

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Applicant for adjustment to permanent resident status.

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If you get the advance parole document, and you did not violate status, you will be
allowed to re-enter the U.S.

My case is 100% genuine, and I
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Ed MacNeil

Hi All,

THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!

Liv, you may also be interested to know that there is a provision of immigration law
that will allow you to be naturalized prior to leaving the US with your husband
pursuant to official orders. Naturalization is probably in your interest as Brits can
retain both UK and US citizenship.

Ed MacNeil Ancient Aviator North Hampton, NH, USA

Sylvia Ottemoeller wrote:

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[usenetquote2]> > I am English married to a US citizen, I am in the US and have filed 1-485 and[/usenetquote2]
[usenetquote2]> > 1-130 and everything else you have to for a marriage visa and have received a[/usenetquote2]
[usenetquote2]> > receipt and have a EAD card with an A# on it. I filed in January 2001. We will[/usenetquote2]
[usenetquote2]> > only be in the US for 2 more years at most as my husband is in the USAF and we[/usenetquote2]
[usenetquote2]> > are retiring to England. We have just had our first son and want to go home[/usenetquote2]
[usenetquote2]> > (England) at Christmas time to introduce him to my family, including my very[/usenetquote2]
[usenetquote2]> > elderly Grandmother who has cancer.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I am really confused about the whole advance parole thing, the INS seem to[/usenetquote2]
[usenetquote2]> > contradict themselves.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > * Am I likely to be approved for advance parole?[/usenetquote2]
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[usenetquote2]> > * How long does it usually take to come through?[/usenetquote2]
    >
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[usenetquote2]> > Some sites I've looked at say that leaving the US even with advance parole[/usenetquote2]
[usenetquote2]> > approved, trips a law which can bar someone who is out of status from entering[/usenetquote2]
[usenetquote2]> > the US for 3 years, or if you enter without problems your application can be[/usenetquote2]
[usenetquote2]> > denied on these grounds.[/usenetquote2]
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[usenetquote2]> > * What status am I in?[/usenetquote2]
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[usenetquote2]> > * Are they likely not to let me back in?[/usenetquote2]
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[usenetquote2]> > will be travelling with my husband and our baby, complete with military ID's, a[/usenetquote2]
[usenetquote2]> > Texas drivers licence and my EAD card with an A# on it.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Anyone who can help, I would be very grateful. Even after websurfing and numerous[/usenetquote2]
[usenetquote2]> > phone calls I am totally confused!!!![/usenetquote2]