Wrong info from the lawyer?

[NYGirl 0]

Hello,

Yesterday my husband was looking through a Russian Newspaper and brought one of the immigrations lawyers advertisements to my attention.

Her little advertisement or an article, whatever you want to call it was 1/4 of a page.

She clearly stated:

If you married a US citizen and have your Advance Parole it does NOT mean you can leave the country. Many people do so and then have problems getting back in. Do not believe that if you have AP that you are OK to leave US.............and etc. etc. ( don't know where he put the paper to read it again to describe more in details what it says there)

Now, we're planning to go on a cruise to carribean, and this article made me have some doubts.

What could be the possible problem they can't let you get back to US with A/P?

Why would this lawyer missguide people like that???

She does have her email in there if anyone have any questions.

Very weird

[Flames9_RN 358]

Until ur a citizen of the USA, there is always a chance you could be denied entry back into the USA, but in normal circumstances it should not be a problem!! I know Canadians on AP usually have no probs getting back into the USA! And of course the lawyer wants to scare people a bit and bring in some extra income!!

[NYGirl 0]

Until ur a citizen of the USA, there is always a chance you could be denied entry back into the USA, but in normal circumstances it should not be a problem!! I know Canadians on AP usually have no probs getting back into the USA! And of course the lawyer wants to scare people a bit and bring in some extra income!!

That is exactly what I told my husband is that she's trying to get some business and get some clients. I am the US citizen and we're in the process waiting for his G.C.

[mox 298]

Yeah, sounds like an ambulance-chaser trolling for business. Sad really.

[Chris Parker 11]

If you married a US citizen and have your Advance Parole it does NOT mean you can leave the country. Many people do so and then have problems getting back in. Do not believe that if you have AP that you are OK to leave US.............and etc. etc. ( don't know where he put the paper to read it again to describe more in details what it says there)

Anybody can leave the country, so from the onset, the issue really is about getting back in and continuing your application, not about leaving.

The people who will experience problems using AP are those who were out of status for more than 6 months before applying for adjustment of status and then left with AP. USCIS puts a warning on the AP to help you decide whether such applies to you. If it does, then yeah, you should not use the AP.

[Satellite 1]

Also if you have been convicted of any crimes of moral turpitude or have outstanding warrants for you arrest that have not been brought to the immigration officials, those can come up on the radar placing you in exclusion proceedings where you have much less rights and remedies instead of being placed in removal proceedings if you were caught while inside the US and not seeking admission as in the former.

This attorney is just trying to get her $100 consultation out of those folks who have had past overstay issues or criminal issues. You might be surprised just how many this applies to. I have worked for an immigration office and most of our clients weren't clean straight forward cases, almost everyone has a problem with a prior over stay or criminal activity.

[Chris Parker 11]

Also if you have been convicted of any crimes of moral turpitude or have outstanding warrants for you arrest that have not been brought to the immigration officials, those can come up on the radar placing you in exclusion proceedings where you have much less rights and remedies instead of being placed in removal proceedings if you were caught while inside the US and not seeking admission as in the former.

Not really true... the rules specifically state that expedited removal will not be applied to parolees who entered with an AP based on a previous admission; they will be put into removal proceedings after the adjustment denial the same as if they were still under the original admission. At least that's my understanding of the CFR rules.