More details to this question:
I am a German national who entered the US on an F1 visa. I got married 1.5 years ago to my husband who is a US citizen and we had our first child this summer. I applied for my Greencard September 9th and got the notification that it was received and being processed on September 14th. However, my guidance counsellor terminated my student status on September 9th so I may have unintentionally been out of status for 5 days. We are planning on traveling to Germany to see my family in a week. I got advance parole and have all of the travel documents that I need. My question is, will I have trouble getting back into the US because I may have been out of status for a few days?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You will not have problems on any advance parole by virtue of being out of status for a few days. Under a decision by the Board of Immigration Appeals, advance parole is not considered an entry for purposes of unlawful presence. Even prior to the Board's decision, being out of status for a few days would not have any effect upon the admissibility of a person like you on advance parole.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 Jan 10th, 2016 at 10:50 AM