S Folinsky

There is an old BIA case from the mid-70's entitled Hosseinpour. He was here on an F-1 visa back in the day when the admission was for a time definite rather than "D/S." He married and applied for adjustment of status. Marriage broke up in short order. BIA held that, inasmuch as he continued his studies, the filing for AOS was not a violation of status -- the IJ erred on that score. However, inasmuch as his admission had expired, he still lost.

Section 245(c) of the Immigration & Nationality Act is now somewhat confusing.

Notionally speaking, you will be out of status once you withdraw. However, if your application is approved, the time out of status become in the "no harm, no foul" category. If your application is denied, you are then very out of status. There is a fairly famous case called Freeman where the AmCit husband was killed in a motorcycle accident while the AOS was pending. She was deported. [The case had an unfortunate side effect of creating the issue of whether or not a VWP could adjust at all -- the law of unintended consequences kicked in with a vengance. ]

psinghv

All just wanted to update you all, I received my EAD card yesterday and it also says the same card can be used for Advance Parole, does that sound correct?

Also I plan to visit my family back home for about 3 months starting november, is it ok now to travel now that I have AP, or is there anything else I need to do.

If i get my interview in between,I will fly back for the interview. Thanks for very much for the help..

Noorah101

Yes.

No.

Good plan.

Rene

psinghv

Noorah

Thanks for the quick reply, there is no restriction with AP that I cant be out of country for more than 30 days or so correct?

Also I am assuming it shouldn't be an issue, coming back in on AP, just want to be a little cautious.

Thanks

Noorah101

Correct.

AP is never a guarantee of entry. Use at your own risk.

Rene

jeffreyhy

Since you seem to be risk averse, be aware that when "coming back in on AP" you are doing exactly that - coming in on parole. You are not being granted entry to the USA. While you will physically be in the USA, legally you will still be outside the USA waiting to be granted entry.

Regards, JEff

psinghv

Jeffrey/Noorah

Thanks for your reply, I am contemplating may be than i should go after getting my GC interview...

jeffreyhy

In which case, better yet go after your application to adjust status has been approved. (Approval may not come at the adjustment interview.)

Regards, JEff

Noorah101

If you are approved at the AOS interview, you should get your plastic green card in the mail within a couple of weeks after that. Then you will be safe to travel.

Rene