Lawyer advised not to use advance parole - Is it correct??

[erica_itz 5]

Hi guys,

I'm asking this question for a friend. He came in the US mach 2013, from Brazil, on a tourist visa, without the intention to get married. He ended up getting married to his girlfriend (he was still in legal status) and recently applied for AOS.

Last week, he got his AP/WP combo and is now waiting for an interview date.

He has a plane ticket to go Brazil for the holidays in december, but his lawyer advised him not to go, even with AP. Is that correct? Could he jeopardize his green card by going to Brazil?

Any help will be appreciated!
thanks!

[florida4life 29]

He can travel with advance parole. he have permission to travel

Edited November 16, 2013 by florida4life

[SM & EF 41]

Our lawyer gave us the same recommendation, but I think it was mainly because my husband was out of status. As a result we didn't even apply for AP.

[hmh33 117]

The reason the lawyer gave that recommendation is that it *is* always a risk - it's another opportunity for CBP to give you some kind of trouble, and potentially another opportunity to be denied entry - and if that were to happen, the whole adjustment of status is essentially void. The advance parole does not guarantee you entry. Heck, even a green card doesn't *guarantee* entry, but it is much more secure.

That said, for most people the risk is quite low and thousands of people every year travel with advance parole and have no problem at all. You can look at it as a risk/reward thing - if you need to travel to see a dying relative for the last time, it's a no brainer - go. If it's a trip just for fun and you haven't bought the plane ticket yet, maybe wait until after you have your green card. In this case he has already bought the plane ticket, so presumably he'd lose the value of the ticket if he didn't travel. It's up to him and his degree of tolerance for risk. If it were me and I knew my immigration case was otherwise uncomplicated, I'd probably go on my vacation. But then again, I ride a motorcycle to work, so that may tell you something about my tolerance for risk!

[Hypnos 6,576]

Provided he has less than 180 days of overstay then he would probably be able to travel without issue on AP, but as stated above it's always a risk, no matter how small.

[inlovesalem 17]

Provided he has less than 180 days of overstay then he would probably be able to travel without issue on AP, but as stated above it's always a risk, no matter how small.

Is that 180 days BEFORE applying for AOS? or even after sending AOS in??

[JohnR! 5,495]

Hi guys,

I'm asking this question for a friend. He came in the US mach 2013, from Brazil, on a tourist visa, without the intention to get married. He ended up getting married to his girlfriend (he was still in legal status) and recently applied for AOS.

Last week, he got his AP/WP combo and is now waiting for an interview date.

He has a plane ticket to go Brazil for the holidays in december, but his lawyer advised him not to go, even with AP. Is that correct? Could he jeopardize his green card by going to Brazil?

Any help will be appreciated!

thanks!

He should listen to his lawyer.

[Hypnos 6,576]

Is that 180 days BEFORE applying for AOS? or even after sending AOS in??

180 days between his I-94 expiring and the "Received" date on his I-485 NOA.

[erica_itz 5]

thanks for the answers guys! he does have LESS than 180 days of overstay.

I told him the opinions and he thinks he'll probably just listen to the lawyer!

Thanks again!

[Teddy B 17,252]

thanks for the answers guys! he does have LESS than 180 days of overstay.

I told him the opinions and he thinks he'll probably just listen to the lawyer!

Thanks again!

That's the safest way. I'd be very cautious with any overstay. AP has no guarantees.