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I-131 And Illegal Status Ban

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  • I-131 And Illegal Status Ban

    If my husband was out of status for 8 years and now we have submitted an I-130/I-485, is he still subject to the 10 year ban? (I am a US Citizen). We wanted to travel to see his family in Hungary.

  • #2
    Yes he is. Until his GC is approved.

    If he leaves the USA (even with an approved Advance Parole) he will be subject to a 10 year ban. He needs to sit tight and wait in the US for his GC to be approved and received. After that, he can travel.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thank you. That could be dis*****us.

      Comment


      • #4
        Originally posted by PraetorianXI
        Yes he is. Until his GC is approved.

        If he leaves the USA (even with an approved Advance Parole) he will be subject to a 10 year ban. He needs to sit tight and wait in the US for his GC to be approved and received. After that, he can travel.
        I am in a similar situation PraetorianXI... The only detail I'd like to find out is: When you say "GC" are you referring to the *full* "Green Card" -- meaning the GC with all conditions removed by the 2 year anniversary -- or just the *conditional* "Green Card" received after the AOS is complete?

        Basically, My American wife and I would like to be able to visit my aging mother in England *between* the period (hopefully commencing middle next year ) of actually receiving my conditional green card and the 2 year anniversary... If this IS possible (without any re-entry complications), then would you recommend the filing of Form I-130 sometime *after* the receipt of my *conditional* green card?

        While I'm here typing, the only other concern I have is to find a way to have my AOS successfully processed, in the same shortest timeframe, and yet avoid being injected with any vaccinations (or other "medicines"). I've read that this *may* be possible with Form I-601, Waiver of Inadmissibility -- apparently on grounds of "moral conviction" as quoted in Form I-601 Instructions:

        5. Applicants Seeking to Waive the Vaccination Requirement
        If you seek an exemption from the vaccination requirement because the vaccination would be against your religious beliefs or moral convictions, you should file this form. You should establish with evidence that:

        A. You are opposed to vaccinations in any form;
        B. The objection is based on religious belief or moral conviction; and
        C. The belief or conviction is sincere.
        I'm wondering (and researching) what and how to establish that "evidence". Any assitance with this would be much appreciated!

        Cheers,
        James

        Comment


        • #5
          I am utterly confused by your question/post. What are you talking about filing i-130 after the conditional GC?

          You file I-130/I-485/I-131/I-765 all at the same time.

          Once your GC is approved (it does not matter whether it is conditional or not, you are a permanent resident either way) then you can use that and only that, to travel and return to the USA (no need for Advance Parole) for short trips (less than 6 months) and to work.

          If you are talking about the I-693 medical exam, if you want the AOS to be processed quickly, well you have no choice but to "go through all the motions" like everybody does... attempting a waiver will only delay the process more. So take your shots and get everything done the normal way...

          the shots do not hurt so much... except for the Tet**** one what is your reason for wanting to avoid them? you can't "just decide" that you are against them... you will have to show proof.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

          Comment


          • #6
            Originally posted by PraetorianXI
            I am utterly confused by your question/post. What are you talking about filing i-130 after the conditional GC?

            You file I-130/I-485/I-131/I-765 all at the same time.

            Once your GC is approved (it does not matter whether it is conditional or not, you are a permanent resident either way) then you can use that and only that, to travel and return to the USA (no need for Advance Parole) for short trips (less than 6 months) and to work.

            If you are talking about the I-693 medical exam, if you want the AOS to be processed quickly, well you have no choice but to "go through all the motions" like everybody does... attempting a waiver will only delay the process more. So take your shots and get everything done the normal way...

            the shots do not hurt so much... except for the Tet**** one what is your reason for wanting to avoid them? you can't "just decide" that you are against them... you will have to show proof.
            Firstly, thank you for the swift response and secondly sorry for being a bit confusing in my post.

            I actually meant Form I-131, not 130, in my post. I just wanted to get clarified that I did *not* need to file form I-131 Application For Travel Document if I've received my (conditional) green card.

            I assumed it was clear by posting below fairygoddess1983's post that I am in a similar circumstance to her husband being "out-of-status" for 13 years since 1995.

            So if you're saying I can use the green card I receive from the processing of my forms I-130/I-485/I-765 (even though I've been OOS for that time period and the GC received remains conditional for 2 years) then I *don't* ever need to file Form I-131.

            Regarding the vaccination waiver, yes, I get that having "no choice" and "going through the motions" *might* be a requirement for *swift* (to-be-expected) AOS timeframe, but, to answer your question as to why I want to avoid them might well take too long here and now to answer.

            But regardless, the fact that USCIS provides for a waiver of inadmissability, including section 5 as I quoted below from Form I-601, demonstrates that they acknowledge that some do not "want" ("moral conviction") vaccinations or others "cannot" ("religious belief") receive vaccinations, and provide a way for them to waive the "requirement".

            I was simply seeking experience in demonstrating "evidence of moral conviction" that vaccinations are not for me, such that the AOS will be approved, even IF it retards the process somewhat.

            IOW, what will "show the proof" of my moral conviction against vaccinations, in the "eyes" of the USCIS?

            Cheers,
            James

            Comment


            • #7
              PraetorianXI,

              If I opt out of completing and filing a I-131 and only file the I-485, I-765, I-864, I-693 & G-325a and get approved for my Green Card, does this still qualify me to being allowed to travel in and out of the US. Or will I need to file the I-131 with the other forms listed above in order to travel?

              The lady at the USCIS office told me the I-131 was optional hence I was not going to complete it after reading I'm allowed to travel once/if my I-485 etc is approved.

              Thanks

              Kirstine

              Comment


              • #8
                I-131 (Advance Parole) and I-765 (Employment Authorization Document) are not needed once your Permanent Residency (GC) is approved. Regardless of it being conditional (card valid for 2 years) or unconditional (card valid for 10 years).

                Once you are a permanent resident (green card holder) you can work, travel, study and live in the USA without the need of any other document from USCIS. You will of course need SSN, Driver license, passport, etc. But your GC authorizes you for the previously mentioned things.
                Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

                Comment


                • #9
                  PraetorianXI,

                  That is good to know, I wasn't sure if I needed the other paperwork if my Residency was approved.

                  Thank you!

                  Kirstine

                  Comment


                  • #10
                    Immunization Waiver

                    Hi,
                    Can I ask if you were successful with your waiver of the immunization component?
                    Thank you,
                    E

                    Comment

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