Legal Question in Immigration Law in California

to travel overseas??

I am married to US citizen, but I don't have any papers like work permit or anything else yet. I should get it in three weeks. My question is: Can I go and visit my family in Europe in one month? I have heard about some kind of travel permit which I have to wait on for 90 days. Is this true? thank you for respond.


Asked on 3/16/03, 7:49 pm

4 Answers from Attorneys

Nora Milner Milner & Markee, LLP

Re: to travel overseas??

You may or may not be able to travel. Each case is dependent upon many factors such as method of last entry, any criminal or legal issues in the case, etc. I STRONGLY recommend you set an appt with our office before you even consider travel as you may be subject to section 212 of the INA which could prevent you receiving your green card for either 3 or 10 years. Please see our website to set an appt.

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Answered on 3/17/03, 8:58 pm
Myron Morales Lee Lane Smith LLP

Re: to travel overseas??

Unless you have another status that will allow you back into the United States, I would not travel. The permit you speak of is an advance parole and you can obtain it only once you apply for your permanent residency.

Please let me know if you have any questions.

Sincerely,

Myron R. Morales,

Law Offices of Myron R. Morales

(502) 468-6404

[email protected]

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Answered on 3/16/03, 9:40 pm
Arjun Verma Law Offices of Arjun Verma

Re: to travel overseas??

The Travel Permit you are referring to is an Advance Parole. The Advance Parole and Work Permit Applications are filed together with the Green Card Application (Form I-130 and I-485, etc) at your local INS office. Normally the INS will issue the Advance Parole and Work Permit in three (3) weeks. However, if you require the Advance Parole urgently and you can justify the urgency to the INS, the INS will expedite the issuing of Advance Parole.

Please contact my office if you require any further assistance in this matter.

Arjun Verma

Attorney at Law

Ph: (408) 292 3757

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Answered on 3/16/03, 10:26 pm
Larry L. Doan Law Office of Larry L. Doan

Re: to travel overseas??

To add to the other attorneys' responses, if you had been more than 180 days out of status before you filed the I-485, however, the INS will probably not issue you the advanced parole. Even if they did, you will be in danger of being barred from re-entering the US on your way back because of your previous out-of-status period unless you obtain an extreme hardship waiver which may be hard to get.

Liem Doan, Esq.

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Answered on 3/17/03, 3:57 am


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