Legal Question in Immigration Law in Pennsylvania

came to US on F-1 visa, my OPT expired in August 2009.

I married a U.S. citizen and filed for AOS, I-130, and employment authorization in November 2009. I received the receipts in December, and have completed my biometrics. However, I didn't do my physical examination (I misunderstood the requirements to file for AOS), so my case is still under initial review. I am going to do my physical tomorrow, and hoping to send the results by the end of next this week.

I continued working after my OPT expired (until the end of October), then I started working again for the same employer the beginning of this month without EAD.

I need to go back to my country (Japan) in March for one week to renew my driver's license (I can't lose it because I paid close to $4000 to get it), and to see my family whom I haven't seen in 2 years (I am pregnant, so my family really wants to see me).

My questions is, if I apply for AP and get approved, will it be risky for me to leave US?


Asked on 1/17/10, 12:42 pm

2 Answers from Attorneys
Bonnie Moses Dessen, Moses & Rossitto

Technically, as long as you have Advance Parole, you should not have an issue returning to the U.S. while your permanent resident application is pending. However, we have had several clients encounter greater scrutiny while traveling under advance parole. My usual advice to clients traveling under advance parole is that they can travel if they really need to, but if it's possible to postpone a trip pending approval or permanent residency (especially when approval is forthcoming in the very near future), we recommend doing so. Feel free to call my office for a free consultation with our immigration attorneys at 215_242_3830.

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Answered on 1/22/10, 1:37 pm
Luba Smal Smal Immigration Law Office

It takes about 3 months to obtain Advance Parole, so if you haven't filed an application yet, you may not get it approved prior to March 2010.

Secondly, if you have violated your non-immigrant status (e.g. overstay, work without authorization, etc), you can be denied admission to USA or granted 'deferred inspection', even if traveling with Advance Parole while your adjustment of status application is pending.

You can't depart the USA without advance parole while the I-485 is pending, as it can be considered abandonment of the application.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/22/10, 2:56 pm


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