HELP! advance parole for minor
Mar 6th 2003, 1:03 am
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Joined: Mar 2003
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HELP! advance parole for minor
Ok, here's my story (I hope someone can help):
I'm a 17-yr-old junior in high school and I'm scheduled to travel abroad with my school for the duration of spring term. In order for me to go abroad, I need advance parole. I applied for advance parole in January and received a response around 30 days after I filed for it-- but it wasn't a denial or approval notice; it said that i needed to show proof of my status before I applied for permanent residency (I-485). The problem is I was out of status when I applied for my I-485 because my mother's H-1 was no longer valid. My application for I-485 was based entirely on my father's permanent resident status (parents divorced). If I show them proof of my status, which was "out of status", to get the advance parole, will they deny me? I know they typically deny people who have been out of status but I know that there is an exception to the 3 and 10 year bar that states that no amount of time spent out of status under the age of 18 will be considered in determining the amount of time spent in the U.S. unlawfully. I have lived in the U.S. for 12 years and I have not left the country since I arrived. There is a logical explanation as to why my mother's H1 became invalid (although I know the INS/BCIS doesnt take explanations into account). Am I entitled to getting the advance parole? And if yes, do I risk the 3 or 10 yr bars if I travel on it? please help!! (this immigration process is so stressful!)
I'm a 17-yr-old junior in high school and I'm scheduled to travel abroad with my school for the duration of spring term. In order for me to go abroad, I need advance parole. I applied for advance parole in January and received a response around 30 days after I filed for it-- but it wasn't a denial or approval notice; it said that i needed to show proof of my status before I applied for permanent residency (I-485). The problem is I was out of status when I applied for my I-485 because my mother's H-1 was no longer valid. My application for I-485 was based entirely on my father's permanent resident status (parents divorced). If I show them proof of my status, which was "out of status", to get the advance parole, will they deny me? I know they typically deny people who have been out of status but I know that there is an exception to the 3 and 10 year bar that states that no amount of time spent out of status under the age of 18 will be considered in determining the amount of time spent in the U.S. unlawfully. I have lived in the U.S. for 12 years and I have not left the country since I arrived. There is a logical explanation as to why my mother's H1 became invalid (although I know the INS/BCIS doesnt take explanations into account). Am I entitled to getting the advance parole? And if yes, do I risk the 3 or 10 yr bars if I travel on it? please help!! (this immigration process is so stressful!)
