Advance Parole while case is still pending

[Seth80 0]

As a new member big "HI" to everybuddy!!!!!

Got a tricky situation here.

Friend of mine is married to U.S. citizen. They send I-130, I-485, I-765 and I-131 Which was recieved by DoHS on october 22 2006. She have her biometrics done some time ago allready. On december 28 she recived her Advance Parole documents with a issued date for 12/21/2006. Her I-485 and I-765 is still pending. Can she or can she not leave the U.S. for 3 weeks to go to se her family in home country. If yes, will her case be suspended or abonnded. Are there any effects in your case status if you leave a country.

Pleas help!!!

[YuAndDan 153]

Yes she can, and no the case will not be suspended.

Keep in mind if an AOS interview comes up while she is out of the country, you will have to get it postponed, or cut the trip short and return for the interview.

Good luck.

[Seth80 0]

Thanks for fast answere.

I have read a tons of papers and posts regarding this topic and non of them i clear.

Some of them say that leaving the country in the 90 day piriod is concidered as abonding your case.

But what would be a reason for sending her this papers if she can't leave.....

I think i need a law school maybe next year...........

Thanks again

Seth

[Kathryn41 3,205]

This may help clarify it - if you have applied for the AOS you can request permission, called an Advance Parole, (AP) to leave AND return to the US without penalty. If you have applied for the AOS and leave the country WITHOUT an AP you are considered to have abandoned the application and will not be allowed to re-enter until another visa is applied for and issued.

One important thing to remember, IF the person applying for the AOS has an overstay on an expired visa that may have a penalty associated with it (ie. over 6 months =a 3 year barr to re-entry; over 1 year=a 10 year barr to re-entry) the individual should NOT leave the country at all even if they have an AP. The AP is issued based on proof that there is an application in process but does not consider if there may be an immigration violation. If there is an immigration violation like a visa overstay, the border guards will not allow the individual to re-enter the country even with an AP.

[Seth80 0]

Thanks for a post.

I got one question. It may be stupid but i have to ask.

Is there valiation made if the visa expired but the papers was send befor the visa expired ( i mean i130 i485 i765). So she is under protected status now, i gess. She got recieps for all aplications with date before visa expirations dates.