Legal Question in Immigration Law in California

What's the risk to travel with advance parole?

A brief history.

I came to US with J visa (Au-pair) in 1998.In 1999 I started college and was granted F status. In 2001, I married an H-1-B visa holder. In Oct'02, my spouse's company filed a petition for GC, followed by I-485 papers. I was added to the case as his wife, but I never changed my F status to H visa status. After fingerprints, we were both granted EAD and advance parole. I also changed my passport. The names in the passport and in advance parole concur now. I haven't been in my country since I came to the US. Is it risky for me to travel abroad with advance parole when the petition isn�t adjudicated? Should I wait for its approval and then travel?

Which I-94 must I leave prior to departure: the one I got on the border in 1998 or the one that came with my F-1 status? What happens if people don't give I-94 when leaving the US? My both I-94 were in my maiden name.

I believe I haven't made any law violations. F status was granted, got EAD based on hardship when in college. I was approved for OPT in 2003 but which never arrived in the mail. I'm working legally due to EAD thru spouse's case.

I want to see my family, but afraid that advance parole doesn't guarantee re-entry.

Thank you


Asked on 2/18/04, 11:39 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: What's the risk to travel with advance parole?

If you were issued the advanced parole in the first place, there's little risk of re-entry denial, since it appears you have not violated your F-visa status before being added to your husband's adjustment case. Adv. parole is how most adjustment of status applicants travel while their cases are pending anyway.

While lacking in some details, it appears you maintained your F-status through OPT in 2003. You don't say the month and you don't say when the I-485 was filed for the husband (and you), but even if there's a gap, it has to be more than 6 months out-of-status before an inspector will deny re-entry with the advanced parole. At the port of entry, if there's any doubt, you can explain the situation with the OPT not arriving, and it probably will be no problem. Finally, surrender both I-94s, it doesn't really matter since you got an adjustment case pending.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established with appropriate payment of valuable consideration.

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Answered on 2/20/04, 3:47 am


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