Traveling while application is pending

[romain 0]

Hi all,

First, I would like to thank you all for all the good information that you provide as it was very helpful while applying for the different forms.

Summary of my situation: Married in July 07, EAD received in October 07, I-485 and I-130 are still being processed.

I've been followed by an associate from my wife's mother Law practice that used to work in the immigration field law.

I would like to visit family over the summer and since it looks like the GC will not be received by then, I would like to apply for an advance parole to be on a safe side.

However, the associate from my wife's mother practice says:

"Here is my take on this situation. I would not leave the country. If you apply for the travel document (advance parole) I have no doubt it would be approved. They would give you permission to leave and return, however, (and I saw many people fall into this trap) there is a provision in the law that says that if anyone who has been in the country for more than 180 days and leaves is subject to a 3 year penalty (you have no valid visa). What happens then is the current petition is deemed abandoned and you are subject to the penalty, i.e. you cannot reapply for 3 years. If they have removed you from the country in the meantime, you would have to apply at the consulate closest to your residence in France.

Please take a look at the application directions regarding advanced parole (i-131)para. 3. If you want to be absolutely sure, I would have a consultation with an immigration attorney in your area asap. This was a big issue when I was working in immigration 3 years ago, maybe things have changed."

Since you're all very knowledgeable, I figured that I should contact you guys before seeing an immigration attorney and it might also help other people in the future if they have the same confusion.

My question is therefore to know if you were aware of such a law (3 year penalty...)...is it still applicable? (since I could not find such argument while searching this forum)...is there anyone that was in my situation (processing GC)...left the country...re-entered with an advance parole...received later the GC with no other complications?

Thanks again for all your help and I really hope that the answer to this question was not in a previous post...if it's the case, I'm sorry in advance :-(

Romain

[kim&james 0]

If I guess correctly, you married and applied for I485 and I130 here in the us after legal entry on a visa other than K1 or K3?

If this is the case then they are reasonably correct. It is not advisable for that situation to leave the country. If you have accrued overstay time then that could be considered when you are inspected at entry. If you are allowed back into the US, then your physical body is parolled into the country.

The 3 year and 10 year bans still apply.

It is a gamble to leave the country and unless it was truely a emergency I would not take the risk.

[romain 0]

If I guess correctly, you married and applied for I485 and I130 here in the us after legal entry on a visa other than K1 or K3?

If this is the case then they are reasonably correct. It is not advisable for that situation to leave the country. If you have accrued overstay time then that could be considered when you are inspected at entry. If you are allowed back into the US, then your physical body is parolled into the country.

The 3 year and 10 year bans still apply.

It is a gamble to leave the country and unless it was truely a emergency I would not take the risk.

Hello Kim or James,

Thank you very much for your reply and your fisrt suggestion is completely right, I entered the US 2and a half years ago under a J-1 to be with my GF at that time and after the H1B fiasco from last year, we decided to get married to stay together.

Thank you for the advice and I agree with you not to take the risk...I now just have to convince my wife because she's the one that wants to visit France :-)