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Please help in traveling outside !!!!

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  • Please help in traveling outside !!!!

    My friend is married to a us citizen for 2 years now he have been here in the states for 20 years now illegally
    His lawyer send all his documents to immigaration and he got his travel document and work document 10 years ago he left the states in december to ireland and after that he came back go the sates they let him in the country
    Now he wanna travel to see his mum she is really sick .. his lawyer told him just donot fly out the states because 75 with the new administaration ( Trump ) they won't let you in the country this time ..
    because of his illegal staty and his case is ver complicated his case was transferef to immigration court for trial .
    His lawyer say you'll e guaranted the green card but after the trial .. but before that don't fly even if you have the travel document in hand !!
    Any advice ??

  • #2
    We need more details about what's going on with his case. Normally Adjustment of Status cases don't involve immigration court. Immigration court would only be involved if he had already previously been under removal proceedings.

    Also, nothing has changed so far with respect to the ability to travel abroad on Advance Parole. There is no rule that past overstay or length of overstay affects the ability to use Advance Parole. Whether to grant parole is at the discretion of the officer each time he tries to enter.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      We need more details about what's going on with his case. Normally Adjustment of Status cases don't involve immigration court. Immigration court would only be involved if he had already previously been under removal proceedings.

      Also, nothing has changed so far with respect to the ability to travel abroad on Advance Parole. There is no rule that past overstay or length of overstay affects the ability to use Advance Parole. Whether to grant parole is at the discretion of the officer each time he tries to enter.
      He was married to a us citzen 10 years ago and his adgustment of status was denied 2005 after that he got agreement with the
      Immigartion to stay in the country and work but if he left he won't be able to return the stats for 10 years
      His wife passed away 2006 and from them he 's working and staying in the country by the agreement he did withem .
      He got married again 2 years ago and he got i130 corm approved then he got the advance parole together with work authorization .. because he had an agreement before with th immigartion the lawyer told him we must go to the court and reopen the new caseto close it .. then we will go through th regular adjustment of status ,
      The lawyer asked to reopen the case and close it in the court .. we were shocked by the new rules ..
      They say if you open the case then there will be trial it won't be closed ..
      the lawyer saied it's not bad .. we will get the green card because every thing is right and he left the country and came back with the advance parole in 2016
      But she told him don't leave the counrty they may let you i 20% and 75% they won't !!

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      • #4
        Punctuation marks are useful

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        • #5
          Originally posted by Almeg89 View Post
          He was married to a us citzen 10 years ago and his adgustment of status was denied 2005 after that he got agreement with the
          Immigartion to stay in the country and work but if he left he won't be able to return the stats for 10 years
          His wife passed away 2006 and from them he 's working and staying in the country by the agreement he did withem .
          He got married again 2 years ago and he got i130 corm approved then he got the advance parole together with work authorization .. because he had an agreement before with th immigartion the lawyer told him we must go to the court and reopen the new caseto close it .. then we will go through th regular adjustment of status ,
          The lawyer asked to reopen the case and close it in the court .. we were shocked by the new rules ..
          They say if you open the case then there will be trial it won't be closed ..
          the lawyer saied it's not bad .. we will get the green card because every thing is right and he left the country and came back with the advance parole in 2016
          But she told him don't leave the counrty they may let you i 20% and 75% they won't !!
          Basically are you saying your friend was ordered removed but is still here? Did he get deferred action or stay of removal? you are not explaining your self very well. Find out the facts and ask again coherently. But if it is one of the above he should listen to his lawyer and not leave the country until he can adjust status or risk being refused reentry even with advance parole.

          Comment

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