QUESTION

Is a person with an approved i-130 able to apply for an i-131 advance parole document?

Asked on Apr 30th, 2014 on Immigration - Tennessee
More details to this question:
Person is married to a LPR has 2 minor USC children ages 7 and 2 years, and EWI in 2005. Has an approved i-130 and is possibly subject to bar for EWI and would have to process through NVC at CDJ, Mex. Could that person apply for an i-131 AP document and return to USA with a legal entry then apply for AOS instead?
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Unfortunately the law does not allow those who have an approved I-130 to obtain advance parole to travel in and out of the country. Possibly your best situation is to take advantage of the Administration’s I- 601A program when your spouse becomes a U. S. citizen. At that point, you could apply for a waiver of the 10 year bar and receive the result prior to making a decision to step outside the country for an immigrant visa interview at the consulate. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 4:58 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters