advance parole

[alex_alex 0]

i. I am married to US citizen, and applied for green card through marriage. Before that I had F-1 status, lost it, and was out of status for 1 year.

In a couple months we will have our initial interview. I was wondering if I can go back to my country for a couple weeks because one of my relatives iz very sick.

Am I eligible for an advance parole?

And also what is the reason to postpone an interview? If I am ill for that day, can I just call day before and reschedule it?

[Soancika+Brian 0]

i. I am married to US citizen, and applied for green card through marriage. Before that I had F-1 status, lost it, and was out of status for 1 year.

In a couple months we will have our initial interview. I was wondering if I can go back to my country for a couple weeks because one of my relatives iz very sick.

Am I eligible for an advance parole?

And also what is the reason to postpone an interview? If I am ill for that day, can I just call day before and reschedule it?

hey,

If I were you I WOULD NOT leave until I have the GC. You can apply for the advance parole, it takes about 2-3months, but still would be very dangerous to travel even with the AP, because you overstayed. It's a big risk which I would not take.

[Soancika+Brian 0]

P.S. Why would you want to postpone your interview? Some people wait a long time just to get it. You can try calling and rescheduling(not the day before tho), but I have read lots of stories, were people reschedule their interviews,but their local office never gets the rescheduled time. And get denied because they abandoned their AOS.

[FRJ 0]

P.S. Why would you want to postpone your interview? Some people wait a long time just to get it. You can try calling and rescheduling(not the day before tho), but I have read lots of stories, were people reschedule their interviews,but their local office never gets the rescheduled time. And get denied because they abandoned their AOS.

yeah that would be playing with fire.u know how long most people have to wait just to get an interview?

[Jon&Lindsey 0]

You need a pretty good reason to reschedule the interview, not just feeling a bit ill. Unless it's life or death or otherwise truly impossible, I'd just go on the date you are given and not take chances! Also, advance parole doesn't guarantee that you will be allowed back into the US - you say you had a year out of status and once you have overstayed a year, you're looking at a 10 year ban on re-entry. If you were denied re-entry you'd have to return home and apply for a spousal visa. Sorry to hear about your relative, but if I were you I wouldn't chance leaving until I had the GC.

[NArocks 13]

If you overstayed DO NOT LEAVE THE US until you have your green card. Even if by chance they send you the Advanced Parole DO NOT LEAVE. If you leave you trigger your ban from the US. Be Patient and wait, sorry about your relative , but send vibes not yourself. It is a big risk you should not take until you have your green card in hand. Once you have it you can go and visit.

[lucyrich 20]

Right, don't leave.

If you were out of status by the time you applied for adjustment of status, you're not eligible for advance parole. If they granted it to you by mistake and you left, you would incur the ten year bar on admissibility starting the day you left, because of your 1 year of illegal presence.

Adjustment of status works on the theory that you had non-immigrant status, and you're trying to change it to be LPR status. But generally, as soon as a non-immigrant leaves the US, the non-immigrant status is terminated. If your non-immigrant status is terminated, then you have no status from which to adjust, so you're considered to have abandoned your attempt to adjust status.

Advance parole is a way around this, but it only works if the alien isn't otherwise inadmissible. Your year of out-of-status presence makes you inadmissible.

Of course, you get to set your priorities. If it's vital for you to leave the US, then the US law won't stop you from leaving. The problem is that you'll be an alien outside the US with no visa or right to enter the US. Because you're the spouse of a US Citizen, you could start the process from the beginning and apply for a spousal visa, but your year of illegal presence will subject you to the ten year bar. There's a waiver available for the bar, but at best it's time consuming and expensive. It's not at all guaranteed, either. Success depends on proving "extreme hardship" to the US Citizen spouse (hardship to the alien doesn't matter). The phrase "extreme hardship" isn't precisely defined, but there is some case law that says what it means. It doesn't mean the ordinary hardship one would expect at having one's spouse barred from the US. And the fact that you left for a really good reason doesn't help you. See the waivers forum for more details.

[WROCLAW 0]

good luck