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  1. #1
    Join Date
    Nov 2007
    Posts
    3

    Default Travel Abroad While I-485 is Pending

    Hello,

    I-94 expired in March 07
    Marriage in May 07
    Immigration Forms filed July 07
    Advance Parole (I-131) received in October 07

    Is it safe to travel abroad (JAN08), while I-485 is pending, or will the 3 year ban kick in?

    In other words, did the marriage or the filling of immigration forms circumvent the 6 months of unlawful presence?

    Thank you for any replies.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Travel Abroad while I-485 is pending

    Why don't you believe the travel would be covered by the grant of advance parole?

  3. #3
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Travel Abroad while I-485 is pending

    If you have unlawfully stayed for over 180 days and you leave the country, the 3 year ban is triggered. My doubt is this: does the law consider unlawful stay since MAR07 or does the fact that marriage occured in May07 and papers were filed in July 07 constitute LAWFUL presence.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Travel Abroad while I-485 is pending

    You are correct that your overstay could create problems for you if you leave before you gain permanent residency.

  5. #5
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Travel Abroad while I-485 is pending

    Thank you for your answer. It is my understanding that the mere granting of AP does not prevent denial of entering the US, if other conditions are not met, namelly the number of days of unlawful presence. Am I correct?Does anybody know what the law considers has unlawful presence and what are the exceptions, if any?

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