Leaving US with Advance parole

[mrak127 0]

Hi, first time posting here.. My wife has recently started her AOS after we were married in January. She came here many years ago on a tourist visa and she over stayed, so if she left the 10 yr bar would start.. So far so good with all the paperwork and we have the biometrics appt soon. My question is this: Unfortunately a family member of hers is very ill overseas and she is wanting to go there to see her, as we do not know how much time she has left. We are considering going to an info pass appt and getting an emergency AP. I have read on here the serious risks about leaving with AP. But since the new law passed last year of AP not considered to be an actual departure from the states, is it now safe to go even with possible 10 yr ban? I know she wouldnt have a problem leaving, but I am worried about her coming back and having a problem getting in with the AP. Has anyone here successfully return to the states since this new rule? Thanks, Matt

[a+j 77]

This thread has been posted recently in the AOS forum and deals with your concern: http://www.visajourney.com/forums/topic/417510-warning-for-aos-filers-who-also-file-for-ap/

[newacct 688]

But since the new law passed last year of AP not considered to be an actual departure from the states, is it now safe to go even with possible 10 yr ban? I know she wouldnt have a problem leaving, but I am worried about her coming back and having a problem getting in with the AP. Has anyone here successfully return to the states since this new rule? Thanks, Matt

It's not a new law -- it was a decision of the Board of Immigration Appeals, the Matter of Arrabally and Yerrabelly, which interpreted the existing law. I've brought this up before and the members of this forum seem to think not to depend on it.

I've read on immigrate2us.net of people specifically using the Arrabally decision to successfully adjust status after coming back with AP despite long unlawful presence; but I am not sure whether it has to do with them being on TPS or other status. Also, I've read that DACA people have been able to leave the country and come back on AP despite unlawful presence; again, I am not sure whether it is specific to their situation. They might be more familiar with this issue on that site than here.

But you know, at some point, if the family member is important enough to you, you go, despite the risk.