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Traveling out of the country on Advance Parole.

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  • Traveling out of the country on Advance Parole.

    I am a parent of a US citizen, and I arrived in the USA on a B-2 visitor visa in Jan 2021, and my I-94 admit until date was until July 2021. I applied for my I-485 Adjustment of status based on an approved I-130 filed by my U.S. Citizen daughter, in April 2021, and my AOS application is currently pending with USCIS. I received my EAD and AP Advance Parole combo card and now traveled out of the country in April 2022 to seek medical attention and plan to return back to the USA in May 2022.

    Now I got an email from U.S. Customs and Border Protection Traveler Status Notification and when I checked my status, it says “Your traveler status is not available at this time. If you have not received results, you are not among the eligible travelers for the traveler compliance check at this time."

    Does my stay in the USA beyond my I-94 admit date(i.e. from July 2021 to Apr 2022) considered an overstay, while my 485 is pending?
    Will there be any issue at the port of entry when I travel back to the USA in May 2022?

  • #2
    You do not accrue unlawful presence while I-485 is pending (and departure on Advance Parole doesn't trigger the ban even if you had lots of unlawful presence anyway).

    Parole is technically always up to the officer at entry, but you generally should have no problems being paroled if you have an Advance Parole and your I-485 is still pending.

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

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