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Advanced Parole if "out of status"

Advanced Parole if "out of status"

Old Mar 4th 2001, 10:07 pm
  #1  
William
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Thanks Alvena and others for your answers to my previous questions.

One more: We will be applying for a travel document (aka "advanced parole") with the
application for adjustment of status (I-485). We were married within the 90 day period,
but the K-1 visa expired 45 days ago.

I have read elsewhere that the "expired" K-1 will cause problems with respect to
advanced parole.

Can anyone tell me from first-hand experience if this is true? All of the advice I have
read on this is speculation and hearsay.

Thanks, William
 
Old Mar 4th 2001, 11:40 pm
  #2  
Alvena Ferreira
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William wrote:
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Until one is over 179 days out of status, one is not subject to a ban if one leaves the
US...therefore advance parole can be used with no more risk than the average person,
presuming that your spouse does not have a life of crime ahead of her ; ) alvena
 
Old Mar 5th 2001, 12:19 am
  #3  
Rete
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What you are probably referring to is the fact that your wife is considered out of status
if you had not filed the AOS before the 90th day of the K-1 visa. However, there is no
problem using the A/P if she had applied for the AOS before the 180th day after the 90th
day of the K-1 visa. It is only on the 180th day and after that A/P should not be used
because the ban can be effected if she leaves and attempts to re-enter

--

Rete and Jim (Can/Am Alumni '98)

The K1 FAQ is now at http://www.k1faq.com The Mysterious Sealed Brown Envelope is now at
http://www.k1faq.com/faq_index.htm http://www2.apex.net/users/thehydes/I-129F.html
http://pages.prodigy.net/alixtcat/immigrat.htm Update AOS Experiences at:
http://www.kamya.com/interview/intro.html Update POE Experiences at:
http://www.k1poelist.com/ Update AOS filing: http://www.kamya.com/aos/ I-130/I-485
Helpsite at: http://www.geocities.com/CapitolHill/Congress/2806/
http://www2.apex.net/users/thehydes/touristframes.html
 
Old Mar 5th 2001, 12:45 am
  #4  
William
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Rete - you are absolutely correct. There is no issue unless more than 180 days have passed
since the K-1 visa expired. After my post I did further research on this issue in an
attempt to answer my own question and came up with this:

"ADVANCE PAROLE FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES FOR MORE THAN 180 DAYS
(HQIRT 50/5.12, November 26, 1997, Office of Programs)

Generally, any alien who departs in the United States after accruing certain periods of
unlawful presence and who subsequently applies for a visa, adjustment of status, or
admission is subject to the new 3-year bar under section 212(a)(9)(B)(i)(I) of the Act, if
unlawfully present for more than 180 days but less than 1 year, or subject to the new
10-year bar under section 212(a)(9)(B)(i)(II) of the Act, if unlawfully present for 1 year
or more. This includes applicants for adjustment of status whose departure is pursuant to
advance parole. This memorandum seeks to answer the following questions with respect to
requests for advance parole by aliens who accrued more than 180 days of unlawful presence
before applying for adjustment of status under section 245(a) or 245(I) of the Immigration
and Nationality Act (Act)."

thanks, William

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