Legal Question in Immigration Law in Arizona

Can LPR Travel while pending removal decision from BIA?

Hi,

A friend of mine is having some legal probelms. Im trying to help him out. He is a Legal Permanet resident. INS is trying to deport him because he was convictd of

using illegal drugs with an intent to sell. However, this was his first and only offense, therefore the local immigration judge threw out INS' case against him. Declaring insufficient cause for a deportation. Now, INS has appealed to the BIA. Question is, can my friend travel abroad (mexico) while he awaits the BIA desicion. Or, does he have to file a petitio which I think is called ''advanced parole'' to leave the country? Is leaving even allowed is this situation?

Thanks

NJ


Asked on 10/31/02, 9:42 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Can LPR Travel while pending removal decision from BIA?

It would be a bad idea for him to leave under these cirumstances. He can't get advance parole under these cirumstances. And if he travels outside of the US, he does so at his own peril. He can get locked up by INS upon his return.

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Answered on 10/31/02, 9:49 pm


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