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  • Advance parole

    okay, filed on the 24th of July, received AP today, still waiting on EAD. Just being safe here, Advance Parole allows the receiver to leave the country and return correct? Are there any stipulations on this, or can she leave for any reason?

  • #2
    She can leave for any reason, for as long as she did not overstay her visa 180 days or more.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Now I'm confused, she is outside of her visa currently, it expired in July, which was when we applied for AOS, I-130, I-131, I765. the AOS is pending, does the advanced parole allow her to legally exit and retrun the country without abandoning her AOS?

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      • #4
        Yes. That is the point of the AP.

        What visa did she have?
        What is the date on the I-94?
        What is the date of the Receipt for the I-485?
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          Came here on a tourist visa, I94 expired July 25th I485 receipt was August... 6th I believe.

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          • #6
            Ok, so she did overstay for a couple of weeks, she should be fine to use AP.
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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