Travel document, I-485, visa expired marriage

[FLRussianHubby]

What is the name of your state? Florida

My girlfriend and I are discussing the idea of getting married. She has an expired J-1 visa presently. (expired over 1 year). The question is will she be eligible for advance parole once the I-485 has been filed? I am aware of the travel document request form, but they state that if she has been out-of-status, she is not eligible for advance parole. Does this include those who get married?

Also, if she gets advance parole, what are the travel limits (ie, how long can she be out of the country at a time?) She hasn't seen her parents in a few years and she'd like to visit home for a while (I may go with her part of the time, but she may want to stay longer).

Thanks in advance!

 

[yandresyuk]

Even if your advance parole application is approved, the chances are VERY high that she will not be able to enter (even with advance parole) after she leaves.... I know does not make too much sense, but it is the way it is...

 

[FLMommy]

Advance parole is not granted for "simple" visits outside of the country. You'd have to have like an emergency, and even then it's difficult to get it. Slim change she'll get advance parole simply to visit her parents...

 

[ImmigAttyLana]

No, it is absolutely not true that advance parole is only given for emergency reasons. It is given for any reasons since one is entitled to it as a pending adjustment of status applicant. However, if one was out of status before filing for adjustment of status, one should not use the advance parole even if it is issued (hence, better not to even apply) because there could be a bar to reentry because of the period of overstay or unlawful presence prior to the filing of the adjustment.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[FLMommy]

Lana, theory vs. practice...

 

[ImmigAttyLana]

10 years of experience with hundreds of real clients v. one person's experience.

 

[FLMommy]

I won't get started...

 

[AHA]

Since OP has heard both side of the "law", let him decide for himself to apply or not.

 

[FLRussianHubby]

No, it is absolutely not true that advance parole is only given for emergency reasons. It is given for any reasons since one is entitled to it as a pending adjustment of status applicant. However, if one was out of status before filing for adjustment of status, one should not use the advance parole even if it is issued (hence, better not to even apply) because there could be a bar to reentry because of the period of overstay or unlawful presence prior to the filing of the adjustment.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

Thanks a lot, Lana. That is what I suspected, by reading the laws, but I could not tell if marriage created some sort of exception. She won't be happy with the answer, but this is much better than her actually getting approved, leaving the country, and then finding out she can't re-enter!

I am assuming that she WILL be able to travel once she actually gets her green card, right?

Thanx

 

[ImmigAttyLana]

Yes, that is correct. Once she is approved for permanent residence and gets her green card, she can travel internationally without any problems and return to the US with the green card as a permanent resident.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[evcalyptos]

Lana, theory vs. practice...

FLMommy, can you illuminate us? I agree with Lana on this one--I've never heard of an AP not being issued.



OP: just because the document is issued does not mean it "should" be used. If your gf has +180 days of overstay (since the end of her J-1 gig) she will invoke a ban when she leaves the US.
Wait until she gets the Green Card. The reason she hasn't seen mom and dad is a result of her own choice to break the rules. Pray that you live in a speedy District and won't have to wait 3 years for an AOS interview.

 

[FLRussianHubby]

OP: just because the document is issued does not mean it "should" be used. If your gf has +180 days of overstay (since the end of her J-1 gig) she will invoke a ban when she leaves the US.
Wait until she gets the Green Card. The reason she hasn't seen mom and dad is a result of her own choice to break the rules. Pray that you live in a speedy District and won't have to wait 3 years for an AOS interview.

Yep, she has been out-of-status for more than 180 days. So, she will have to wait for the green card. She is very aware (at least, now) of the consequences of her decisions, and I have made it very clear to her that she must follow the rules to the letter from now on to get this resolved. She will not be the happiest person in the world when I tell her this, but, at least there is a light at the end of the tunnel.

 

[evcalyptos]

Yep, she has been out-of-status for more than 180 days. So, she will have to wait for the green card. She is very aware (at least, now) of the consequences of her decisions, and I have made it very clear to her that she must follow the rules to the letter from now on to get this resolved. She will not be the happiest person in the world when I tell her this, but, at least there is a light at the end of the tunnel.

oh well, be nice to her about it.

you can find your district office and their I-485 timeline at uscis.gov to give you an estimate on how long to an interview for you. If it looks quite long, check out visajourney or other sites where people post their timelines and make sure that others using your office aren't getting sooner/later appointments--this happens a lot.
good luck!

 

[FLMommy]

EV: Lana mentioned her experience vs. that of one person. She's got a point, - it's just not one person (not me either). I've heard from quite a few people they weren't able to obtain AP, and the reason given to them was that their (PR applicant's) reason wasn't important enough. One friend wanted to attend a family member's wedding and got rejected.

I'll retract my statement though, since you all are probably right anyways but that's just what I've been hearing. I'm glad the people you all know got their AP.

 

[yandresyuk]

Well, I personally got my AP for the "regular" travel, so did my 2 best friends