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Immigration

Advance Parole

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Advance Parole with I-485 visa pending
My husband was unlawfully present in the U.S....
Then we applied for adjustment of status after getting married.
He also applied for advance parole which was granted.

According to new case law, "Matter of Arrabally," unlawful presence does not trigger section 212(a)(7)(A)(i)(I) - which would make him ineligible and consider his trip outside the US a "departure."

Recently, he did leave the country... (before our I-485 was approved - we are still waiting for the interview)... he was paroled back in the US.

He did have to go into a waiting area... and was there for 2 hours - until his name was called and got his parole stamp.

But things worked out fine! We were worried that the new case law was not reflected on the USCIS website... but a few blogs and articles mentioned that the website was outdated.

 
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