Legal Question in Immigration Law in Washington
Advance Parole
I am adjusting my status from an international student to a US citizen's spouse, I am planning to travel in the coming week with my I -131.
Is the I-131 enhough to allow me to come back to the US?? Does it guarantee it at all??
2 Answers from Attorneys
Re: Advance Parole
That is a good question. An approved I-131 allows a person to re-enter the U.S. to continue a pending adjustment application. However, if there are underlying problems with the I-485 application or if there is fraud, travel on advance parole can be risky. Or, if you have any unlawful status problems, travel can risk denial of your application without right to appeal. For most people, there is little risk. Of course, without knowing your immigration history, I don't know if the document is going to guarantee your re-entry.
Re: Advance Parole
You need what's called "advance parole" and you get that by applying to the INS on the proper form. It usually takes about three months to process such requests so some patience will be required.
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