Status after using Advance Parole?

[sadclown]

Hi,

I have a quick question on using Advance Parole to take an international trip. What happens to the status of the parolee (currently on H1B status but does not have H1B visa) upon re-entry to US? Is it still H1B status?

What happens if the AoS is denied after travel? Does the parolee go back to H1B status (spouse would not need to use EAD since they have H1B through employer)

Thank you!

[newacct]

Hi,

I have a quick question on using Advance Parole to take an international trip. What happens to the status of the parolee (currently on H1B status but does not have H1B visa) upon re-entry to US? Is it still H1B status?

What happens if the AoS is denied after travel? Does the parolee go back to H1B status (spouse would not need to use EAD since they have H1B through employer)

Thank you!

No, you only have H1b status if you enter on an H1b visa or change to H1b status. If you are paroled, then you are a Parolee, with no status.

[ppsmp2002]

http://www.nydailynews.com/advance-parole-travel-not-trigger-unlawful-presence-ban-article-1.2267665

Q. After reading your recent column about U.S. Citizenship and Immigration Service travel permission (advanced parole), I have hopes of visiting my native country after seven years. Still, I'm worried. I came here legally and married a U.S. citizen. But I have been here illegally for many years. You wrote that if I travel advance parole, immigration won't punish me for being here unlawfully. However, the USCIS website says I'd face the unlawful presence bar to getting a green card and I would need a waiver. Can you please clarify the rules?

Name withheld, Brooklyn

A. The information on the USCIS website is outdated. Travel with USCIS permission, called "advance parole," does not trigger the "unlawful presence" bar to permanent residence. I've written about this topic often, but out-of-status readers are still fearful of traveling. Here's the story.

👀👀👀👀👀In a case known as Matter of Arrabally, decided in 2012, the Board of Immigration Appeals ruled that travel with advance parole is not a "departure."👀👀👀

That's important because people who depart after having been here unlawfully can be barred from returning for up to 10 years.

Since you entered legally and you are married to a U.S. citizen, you can apply to adjust status to permanent resident, including a request for advance parole. When you return from your trip, your status will be the same as before you left.

Traveling with advance parole has a special benefit for some with Temporary Protective Status or Deferred Action for Childhood Arrivals. If you have TPS or DACA and you entered by evading inspection by a U.S. border officer, the law requires you to return home for your green card interview.

However, immediate relatives of U.S. citizens who return after travel with advance parole can interview in the U.S., since they will have been inspected at their most recent entry. The immediate relative category includes the spouse, unmarried child under 21 or parent of a U.S. citizen who's at least 21.

Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project.

[WaitedLongEnough]

http://www.nydailynews.com/advance-p...icle-1.2267665

Q. After reading your recent column about U.S. Citizenship and Immigration Service travel permission (advanced parole), I have hopes of visiting my native country after seven years. Still, I'm worried. I came here legally and married a U.S. citizen. But I have been here illegally for many years. You wrote that if I travel advance parole, immigration won't punish me for being here unlawfully. However, the USCIS website says I'd face the unlawful presence bar to getting a green card and I would need a waiver. Can you please clarify the rules?

Name withheld, Brooklyn

A. The information on the USCIS website is outdated. Travel with USCIS permission, called "advance parole," does not trigger the "unlawful presence" bar to permanent residence. I've written about this topic often, but out-of-status readers are still fearful of traveling. Here's the story.

👀👀👀👀👀In a case known as Matter of Arrabally, decided in 2012, the Board of Immigration Appeals ruled that travel with advance parole is not a "departure."👀👀👀

That's important because people who depart after having been here unlawfully can be barred from returning for up to 10 years.

Since you entered legally and you are married to a U.S. citizen, you can apply to adjust status to permanent resident, including a request for advance parole. When you return from your trip, your status will be the same as before you left.

Traveling with advance parole has a special benefit for some with Temporary Protective Status or Deferred Action for Childhood Arrivals. If you have TPS or DACA and you entered by evading inspection by a U.S. border officer, the law requires you to return home for your green card interview.

However, immediate relatives of U.S. citizens who return after travel with advance parole can interview in the U.S., since they will have been inspected at their most recent entry. The immediate relative category includes the spouse, unmarried child under 21 or parent of a U.S. citizen who's at least 21.

Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project.

Thanks for sharing this !