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Raeesa

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    Raeesa got a reaction from amartins in THIS SHOULD REASSURE ANYONE WORRIED ABOUT TRAVELING WITH AP   
    After doing a TON of research and worrying about traveling with AP after overstaying etc. There seems to be a HUGE misconception on this forum (understandably with USCIS' use of intimidating language) I discovered this on NYDAILYNEWS:
    The Board of Immigration Appeals, the agency that reviews USCIS and immigration judge decisions, has ruled that travel with advanced parole does not trigger the dreaded “unlawful presence” bars to permanent residence. Those bars apply to a person who leaves the U.S. after having been here unlawfully more than 180 days. The unlawful presence bars do not apply to overstayed individuals who travel abroad with advanced parole. That makes sense. If USCIS gives you travel permission, the agency shouldn’t then be able to penalize you for your travel. Individuals with outstanding deportation orders should consult an immigration law expert before traveling with advanced parole.
    Source:
    http://www.nydailynews.com/new-york/citizenship-now/travel-advanced-parole-safe-permanent-residence-applicant-article-1.1743469
    To my understanding, this means even if you overstayed more than 180 days or 10 years, IF you are in the process of I-485 and using Advance Parole, the 3/10 year ban does NOT apply to you. I have confirmed this through DHS website directly as well.
    The Board of Immigration Appeals held that travel on advance parole was not a "departure" within the meaning of the statute and hence did not trigger the ground of inadmissibility that bars admission after the accrual of unlawful presence .
    Source:
    http://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf
    Of course that is still not a guarantee of reentry, nothing but a citizenship is, but it makes travel a little less scary. I hope this helps some of you! It has eased my mind quite a bit and thought I should share.
  2. Like
    Raeesa got a reaction from amartins in THIS SHOULD REASSURE ANYONE WORRIED ABOUT TRAVELING WITH AP   
    No it is not a guarantee, as I stated at the bottom of my post. But neither is a green card a guarantee for entry, it is ultimately always up to the customs officer. However they would need a reason to turn you away as well.
    The article was posted to simply show an actual fact (not speculation) that the ban does not apply to those adjusting status because I've read hundreds of posts where people were falsely saying otherwise scaring those wanting to travel.
    Thanks!
  3. Like
    Raeesa reacted to Hypnos in THIS SHOULD REASSURE ANYONE WORRIED ABOUT TRAVELING WITH AP   
    It is known, Khaleesi.
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