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advanced parole question i need to travel in july

advanced parole question i need to travel in july

Old May 26th 2001, 10:02 pm
  #1  
Peter Sanchez
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My Name is Wanda Solla I was married in March with my fiancée who is an American
citizen. When I got married I was on a tourist visa that expires on Aug 2001. I filed
for an adjustment of status I 130, I filed these papers in the Los Angeles Office on
May 2nd. It is may 28th and my checks have not been cashed. Here is my question I
need to travel to my country Uruguay in early July. I did not file my advanced parole
papers along with my I 130 application. I was told that I should request advanced
parole after my case is opened at INS when they cash my checks and send me a letter.

Here are my scenarios WHAT DO I DO

1) July comes and INS not cashed my checks or sent me the letter. Can I fly to
Uruguay using my multiple entry tourist visa without jeopardizing my application?

Is there a permission to travel other than an advanced parole that I can use to
travel one time?

2) My application is accepted in June giving me less than a month to get my advanced
parole. Can I get an advanced parole in a couple of weeks in Los Angeles?

Thank you for your help

Wanda
 
Old May 27th 2001, 3:21 am
  #2  
brucencecile
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Hello Wanda, First let me say that I hope for your sake that your marriage wasn't
planned when you entered the US on a visitors visa. If the INS can prove that you
lied either verbaly or in writting at any point, than you stand a good chance of
being denied AOS, or even Naturalization years from now. As far as Advance Parol, I
would apply as soon as possible. Los angeles takes 30-45 days(
http://www.visalaw.com/localtimes.html ) so depending when you "Need" to travel it
may or may not work. If you leave the US without Advance parol, the only legal way to
re-enter is to apply for a spousal visa. YOU ARE NO LONGER the single woman that
posses a multiple tourist visa. "Miss Single" became "Mrs Married" when she said "I
DO". If for some reason you were allowed to use your visitors to re-enter the US than
that for sure could be considered fraud, an "illegal entery" and even 10 years from
now, after naturalization (but most likely sooner) you could be deported for visa
fraud. There isn't very current information here but at:
http://www.kamya.com/aos/california.html#losangeles you can view some experiences
with the Los Angeles INS. I would also see:
http://www.usaimmigrationattorney.com/touristvisa.html about a third of the way down
the page sarting at:
VII. Can an American Citizen Marry a Foriegn Lady under a "Tourist Visa? Like I said
before, I think you have 2 options, 1. to file for advance parol and not leave
the US until you get it, or 2. leave the US before your current visa expires and
then file for a spousal visa to re-enter the US. Either way you will need a
passport showing your married name so you could also start working on that.
Advance parol if issued will be in your married name. Most likely changing your
name will result in surrendering your US visa which will also remove the
temptation to use it ilegally down the road.

Good luck! Bruce
 

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