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Advance Parole Approved BUT I have an Urgent Question.

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  • Advance Parole Approved BUT I have an Urgent Question.

    Hi,




    My wife has just been approved for EAD & Advanced Parole combo card. But I have questions before we make a trip to see her family in Indonesia.

    My main concern is if she will be barred from entering the US.




    She arrived on a k1 visa on December 14, 2019 and we got married within the 90 days. We got married in February 2020.




    However, we did not file for adjustment of status until April 2022, we received our receipt notice April 25, 2022.




    Can we safely travel with advance parole and pending AOS? Or will this count as visa overstay and she will be barred for 10 years?
    ‚Äč

  • #2
    Technically, whether to parole you is always at the discretion of the immigration officer at entry to make on a case-to-case basis. In practice, an Advance Parole is a strong indication that the government intends to parole you, and I don't know of anyone with AOS-based Advance Parole who was denied parole on entry, if their AOS was not denied and there was not anything that indicates they would be ineligible for AOS. There is no reason to believe that how long she was out of status has any effect on the decision of whether to parole her. Parole is not an admission, so one does not need to be admissible to be paroled; however, an inadmissibility would affect eligibility for AOS, and if one is ineligible for AOS, maybe they would deny parole too.

    If they parole her in, her AOS will not be affected. This is because the BIA ruled in Matter of Arrabally (2012) that a departure and return on Advance Parole does not count as a departure for the purposes of the unlawful presence ban. So even though she has accrued years of unlawful presence, she will not have a "departure" for the purposes of this ban, and thus no ban. No ban means her AOS will not be affected. Note that Arrabally does not say anything about whether she should be paroled in; again, that is technically a case-by-case decision. Prior to Arrabally, people in this case were paroled in, but their AOS was denied (or need a waiver) because they triggered a ban on departure which has not yet ended.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Hi,
      I got married to an American citizen in October 2019,while on tourist visa. we had a wonderful marriage until she started abusing and assaulting. I traveled back to Nigeria in March 2020. Although we are still married till today,but she keeps threatening me with divorce. However in September 2023, I filled for adjustment of status via VAWA from Nigeria using my US address. I got notice for biometrics appointment in March this year,but I could not travel because my visa is expired and no visa appointment in my country till early 2024. I just received approval for EAD and and advance parole which I applied for while filing for my adjustment status. THE QUESTIONS,CAN I TRAVEL WITH MY APPROVED ADVANCE PAROLE TO THE US,? WILL THE CBP DENY ME ENTRY INTO THE US SINCE I APPLIED AND GOT THE ADVANCE PAROLE OUTSIDE THE US??? Kindly advise,tnx ........... Godstine

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