Full Version: how many days can you be out of the country I 131
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is there a limit to how many days you can be out of the country on advanced parole. My job takes me out of the country sometimes for 45 days. I want to take my wife with me.
No limit. 45 days will be fine. The only problem will be if your interview comes up while you are out of the country, you'll have to come back or risk trying to convince them to postpone it.
QUOTE(pucklechurch @ Oct 10 2006, 10:43 PM) 
No limit. 45 days will be fine. The only problem will be if your interview comes up while you are out of the country, you'll have to come back or risk trying to convince them to postpone it.
45 days may be fine, but *no limit* isn't exactly correct, so no, being out of the country should your interview come up may not be the only problem.
That said - are you talking about 45 days at a time? Several times a year? Or just a one time deal?
ETA : verbiage from the I-131 form:
QUOTE
You may apply if you have been granted Temporary Protected Status or another immigration status that allows you to return to that status after a brief, casual and innocent absence (as defined in8 CFR 244.1) from the United States.
dayum edit button....
QUOTE
244.1 Definitions.
Brief, casual, and innocent absence means a departure from the United States that satisfies the
following criteria:
(1) Each such absence was of short duration and reasonably calculated to accomplish the purpose(s) for
the absence;
(2) The absence was not the result of an order of deportation, an order of voluntary departure, or an
administrative grant of voluntary departure without the institution of deportation proceedings; and
(3) The purposes for the absence from the United States or actions while outside of the United States
were not contrary to law.
...An alien shall not be considered to have failed to maintain continuous residence in the
United States by reason of a brief, casual and innocent absence as defined within this section or due
merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside
the control of the alien.
Brief, casual, and innocent absence means a departure from the United States that satisfies the
following criteria:
(1) Each such absence was of short duration and reasonably calculated to accomplish the purpose(s) for
the absence;
(2) The absence was not the result of an order of deportation, an order of voluntary departure, or an
administrative grant of voluntary departure without the institution of deportation proceedings; and
(3) The purposes for the absence from the United States or actions while outside of the United States
were not contrary to law.
...An alien shall not be considered to have failed to maintain continuous residence in the
United States by reason of a brief, casual and innocent absence as defined within this section or due
merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside
the control of the alien.
An alien shall not be considered to have failed to maintain continuous residence in the
United States by reason of a brief, casual and innocent absence as defined within this section or due
merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside
the control of the alien
I plan on having her leave one time. don't even have an exact date of when. (extenuating circumstances) would us having a newborn baby wanting to show her parents their new grandchild be considered extenuating circumstances. how long is a brief casual and innocent absence?
United States by reason of a brief, casual and innocent absence as defined within this section or due
merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside
the control of the alien
I plan on having her leave one time. don't even have an exact date of when. (extenuating circumstances) would us having a newborn baby wanting to show her parents their new grandchild be considered extenuating circumstances. how long is a brief casual and innocent absence?
pucklechurch,
And in addition to that, the advance parole document has an expiration date. A well defined limit.
Yodrak
No limit. 45 days will be fine. The only problem will be if your interview comes up while you are out of the country, you'll have to come back or risk trying to convince them to postpone it.
45 days may be fine, but *no limit* isn't exactly correct, so no, being out of the country should your interview come up may not be the only problem.
That said - are you talking about 45 days at a time? Several times a year? Or just a one time deal?
ETA : verbiage from the I-131 form:
.....
And in addition to that, the advance parole document has an expiration date. A well defined limit.
Yodrak
QUOTE(lal_brandow @ Oct 11 2006, 12:44 AM)
QUOTE(pucklechurch @ Oct 10 2006, 10:43 PM)
No limit. 45 days will be fine. The only problem will be if your interview comes up while you are out of the country, you'll have to come back or risk trying to convince them to postpone it.
45 days may be fine, but *no limit* isn't exactly correct, so no, being out of the country should your interview come up may not be the only problem.
That said - are you talking about 45 days at a time? Several times a year? Or just a one time deal?
ETA : verbiage from the I-131 form:
QUOTE
You may apply if you have been granted Temporary Protected Status or another immigration status that allows you to return to that status after a brief, casual and innocent absence (as defined in8 CFR 244.1) from the United States.
.....
AP is valid for a year so make sure the return date is within that time.
I've used AP and been away for much longer than 45 days, months in fact.
I've used AP and been away for much longer than 45 days, months in fact.
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