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monopoly

Traveling with Advance Parole-i-131

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Hello,

I'm applying for marriage based GC- i-485 and also for i-131 ,(currently out of status- for over 5 years) ...

and we would like to go to see my family this summer while we are waiting on interview for GC.

I heard about new Immigration Law that makes this possible without any ban and without any problems coming back..

Does anyone knows more about this or anyone had any similar experience ??

Thanks!

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If you are long term out of status then it is safest to not leave the US until you have the green card in hand. Too much to risk by leaving beforehand.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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If you are long term out of status then it is safest to not leave the US until you have the green card in hand. Too much to risk by leaving beforehand.

So you think it would be still risky even after this new law is on power?

This is info I found http://www.mmvlaw.com/2012/04/24/board-of-immigration-appeals-bia-decision-10-year-bar-to-reentry-may-not-be-triggered-if-departed-with-advance-parole/

Thanks Anh Map

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That looks good. But there is always a risk when entering.

Is there anything else in your time in the US that could cause an issue?

What is your risk tolerance?

It may be worth consulting a qualified immigration attorney to get an opinion on this recent decision.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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That looks good. But there is always a risk when entering.

Is there anything else in your time in the US that could cause an issue?

What is your risk tolerance?

It may be worth consulting a qualified immigration attorney to get an opinion on this recent decision.

No issues - clean record , not in proceedings , not even unpaid traffic tickets :) ...only overstayed...

Risk Tolerance - I don't wan't take too much risk ...that's why I'm trying to get as much info I can..and hoping someone got experience with this new law..

Thanks again

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No issues - clean record , not in proceedings , not even unpaid traffic tickets :) ...only overstayed...

Risk Tolerance - I don't wan't take too much risk ...that's why I'm trying to get as much info I can..and hoping someone got experience with this new law..

Thanks again

Given how recently the ruling has been made, probably not a lot of experience here in the VJ membership. Spend $100 and talk to a good immigration attorney for an opinion.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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It is not a new immigration law - it is a ruling. This ruling could be overturned at any time.

Yep. You might be ok. You might not. Given your long overstay and the potential mess it could cause, I would not risk it just to visit family a couple of months early. AP takes 2-3 months anyway and the GC is usually only 4-6 so you are really only looking at another 2-4 months wait. Not that much after 5 years.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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