e***i
发帖数: 14 | 1 父母逾期居留一阵子，现在I485 Pending两个多月了，想早点回去在国内等绿卡，可是
看到AP里面说到这类情况似乎不行（即，如果逾期居留过，AP后不能保证能回来），有
人做过么？
谢谢！ | f*******n
发帖数: 12623 | | e***i
发帖数: 14 | 3 下面是I-131的填表说明，似乎是说即使你能AP回来，因为逾期居留了整个485有可能得
重新办理。。。
3. Advance Parole Document
A. Travel Warning Regarding Unlawful Presence
Before you apply for an Advance Parole Document,
read the following travel warning carefully:
1. If you have been unlawfully present in the United
States for more than 180 days but less than 1 year,
and you leave before removal proceedings are
started against you, you may be inadmissible for 3
years from the date of departure.
2. If you have been unlawfully present in the United
States for 1 year or more, you may be inadmissible
for 10 years from the date of departure regardless of
whether you left before, during, or after removal
proceedings.
3. Unlawful presence is defined as being in the United
States without having been inspected and admitted
or paroled, or after the period of authorized stay has
expired.
4. However, certain immigration benefits and time
spent in the United States while certain applications
are pending may place you in a period of authorized
stay. These include, but are not limited to, a
properly filed Form I-485, Temporary Protected
Status (TPS), deferred enforced departure (DED),
asylum, and withholding of removal.
5. Although advance parole may allow you to return to
the United States, your departure may trigger the 3
or 10-year bar, if you accrued more than 180 days
of unlawful presence BEFORE the date you were
considered to be in a period of authorized stay.
6. Therefore, if you apply for adjustment of status after
you return to the United States, continue with Form
I-485 that was pending before you left, or return to
a status that requires you to establish that you are
not inadmissible, you will need to apply for and
receive a waiver of inadmissibility before your
Form I-485 may be approved or your status
continued.
7. Generally, only persons who can establish extreme
hardship to their U.S. citizen or lawful permanent
resident spouse or parent may apply for the waiver
for humanitarian reasons, to assure family unity or
when it is otherwise in the public interest. (See
sections 209(c), 212(a)(9), and 244(c) of the
Immigration and Nationality Act for more
information on unlawful presence and the available
waivers.)
【在 f*******n 的大作中提到】
: 有AP没有逾期居留过回不来的问题
| f*******n
发帖数: 12623 | 4 那个是很旧的信息。搜一下Matter of Arrabally。
【在 e***i 的大作中提到】
: 下面是I-131的填表说明，似乎是说即使你能AP回来，因为逾期居留了整个485有可能得
: 重新办理。。。
: 3. Advance Parole Document
: A. Travel Warning Regarding Unlawful Presence
: Before you apply for an Advance Parole Document,
: read the following travel warning carefully:
: 1. If you have been unlawfully present in the United
: States for more than 180 days but less than 1 year,
: and you leave before removal proceedings are
: started against you, you may be inadmissible for 3
| e***i
发帖数: 14 | 5 谢谢！
Matter of Arrabally是4/15/12号，I141表格说明书3/31/12到期。看来是这表格过期
了？
是否可以让父母申请AP回去，等绿卡下来后再拿绿卡回来？即使他们在这里预期居留过
应该也能安全回来？
这个太重要了，我父母实在想回去看看了，要是早知道这个可行她们甚至可以回去过年
的，唉。 |
|
