Legal Question in Immigration Law in New York

Good day I have a pending i-485 waiting for a interview Brooklyn NY which is very slow (waiting 8 months already). I want to visit my family for Christmas my problem is will I be able to reenter the country on my return if I have Advance parole, because I currently overstayed my visitor visa for more that 1 year current living in the US for 7 years. Will I trigger the 3 or 10 year bar at the port of reentry


Asked on 9/22/15, 7:50 am

2 Answers from Attorneys
Philip Eichorn Hammond Law Group

According to Matter of Arrabaly and Yerrabelly, 25 I&N Dec 771 (BIA 2012) advanced parole is not considered a departure for purposes of the unlawful presence bar. Travelling on an AP however can cause other inadmissibility issues. Review your I-485 application and all facts and circumstances with your counsel before you apply and plan your travel.

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Answered on 9/22/15, 8:17 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM

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Answered on 11/07/15, 2:45 pm


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