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Author Topic: advance parole 101  (Read 2918 times)

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Offline william3rd

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advance parole 101
« on: June 30, 2007, 11:14:43 AM »
Just had a client send me a copy of an AOS rejection letter. It was rejected because wife decided she just had to go home and wouldn't wait for her parole to arrive. Husband then carried it to her in Russia and she used it to re-enter.

The attorney advice was to WAIT until parole was approved and in hand before going anywhere.

The rules under 8 CFR 245.2(a)(4)(i)(A)-Departure of an applicant. . .shall be deemed abandonment of the application constituting grounds for termination of any pending application for adjustment of status, UNLESS the applicant was PREVIOUSLY granted advance parole for such absences. . . .

USCIS is getting much better at catching this stuff. SO, just because your wife's cousin did it two years ago and got away with it, your result may be much different.
Wild Bill Livingston, Esq.

Offline utopiacowboy

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Re: advance parole 101
« Reply #1 on: June 30, 2007, 11:30:14 AM »
One of the few good qualities about the K-3 is that it allows the holder to travel abroad while their AOS is pending without Advance Parole.

Offline michaelb

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Re: advance parole 101
« Reply #2 on: June 30, 2007, 01:23:58 PM »


The attorney advice was to WAIT until parole was approved and in hand before going anywhere.



You (or the original attorney, if it was not originally your case) gave the proper advice. They didn't follow it. Now they've REALLY got problems. Good warning for the people here of what NOT to do.

Just out curiosity, what's this couple's next step?  Not that I have much sympathy for them, since the problem is of their own doing, but they can file some kind of appeal or waiver, can't they?

Planet-Love.com

Re: advance parole 101
« Reply #2 on: June 30, 2007, 01:23:58 PM »

Offline william3rd

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Re: advance parole 101
« Reply #3 on: June 30, 2007, 03:11:25 PM »
My advice but then they went off to do their own thing. Not much to appeal on. Clear language. And she is PAROLED-she is still waiting at the airport as far as USCIS is concerned.

This one went home yet again so we are doing an I130 this week.

Because her FRIENDS told her that she could do it. WHere the hell is the clue bat when you need it?
Wild Bill Livingston, Esq.

Offline Ray

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Re: advance parole 101
« Reply #4 on: June 30, 2007, 10:57:10 PM »
Yet another example of what can happen when you attempt to beat the system or take advice from misguided fools.


WHere the hell is the clue bat when you need it?


I like this one because of the educational value of the imprint it leaves on one's forehead...




 

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