Legal Question in Immigration Law in New Jersey
Travel Parole / new immigration law in Newark for visa waiver countries
I'm applying for my husband to become a legal resident.He is from Italy and overstayed in US for 5 years.I heard that recently in Newark they have a new law that will require for him to go back to italy to obtain the visa, however there is a chance that he is not allow again in the country... This doesn't make any sense to me...He recently received his travel parole document and work permit. We are really confused and don't know where to go for advise... If you could help us in shading some light, will be most helpful. Thanks in advance!
2 Answers from Attorneys
Re: Travel Parole / new immigration law in Newark for visa waiver countries
If I can give you any advice based on what you've written it is that your husband should NOT leave the US until he has his green card. If he's received his travel document and work permit chances are that you filed all the paperwork properly. The concern is how long has the process taken and have you received an interview notice. If they are telling you that your husband has to leave then you honestly should speak to an attorney. Any time you have someone out of status the case does get a level of complexity and an expert should be able to guide you (if you don't feel comfortable with the attorney you speak to please get a second opinion - this is important). There could be an underlying issue that may have been missed in your case. For example, if your husband had a deportation order and you never knew about it then it can certainly affect your filing. An attorney will help you find this out. It may also be nothing but at least you will have that peace of mind by finding out. If you would like, feel free to contact my office at 877-KUMAR-LAW and we'll set you up for a consultation to go through your case.
Re: Travel Parole / new immigration law in Newark for visa waiver countries
Based on what you have written, if he overstayed, he CANNOT leave the US even though he was given advanced parole. If he leaves the US, then he will not be able to re-enter for 10 years. Based on your post, it seems that you applied for his green card petition as well. Thus, he should receive an appointment notice to appear in the Newark office for a interview. You will also have to be present for the interview. Finally I recommend that you have an attorney represent you at the interview, even if you did not have someone represent you when you filed the application.
If you have further questions, please do not hesitate to contact me directly.
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