Posted by: JavaBeans December 9, 2004
What should I do?
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The issue here certainly is not about being able to re-enter; both of the options available to Bideshi will suffice in terms of convincing the customs officer. But, the real issue is what happens after he/she steps back into the American soil? What are the consequences of taking out an advanced parole vs using a H1 visa to re-enter? They are NOT the same. You would be surprised of the legal wrangling some advanced parolees are in. I suggest you do some research or contact your attorney in order to make sure that you won't be hooked in case your adjustment of status or legalization documents falter when you get back. For your reference, the site below summarizes some of the pitfalls... =============== "While advanced parole is a convenience for those who qualify, it is not always a harmless process. There are some dangers inherent to those applicants who get advanced parole. If the applicant was unlawfully in the United States for 180 days or more before filing the adjustment of status application, the applicant will be subject to the three (3) year bar upon returning to the U.S. If the applicant was unlawfully in the United States for 1 year before filing the adjustment of status application, the applicant will be subject to the ten (10) year bar upon his or her return." "If the pending application (i.e. the adjustment of status application) is denied, the applicant may be placed in removal proceedings. At that point, the applicant will be considered an arriving alien. As an arriving alien, the applicant is not eligible for voluntary departure, for adjustment of status from the Immigration Judge, for change of status or for most other forms of relief. " Source: http://www.rreeves.com/pub_209.htm =============== Just because you are given a document that gives you a right to re-enter freely at LAX does not necessarily mean you can escape its legal implications. You are bound to it and will be used if your adjustment of status goes south. Falling in the cracks of immigration laws are very hard to swallow, mind you. So, such improprieties- suggestion without knowing its ramifications are a waste of time if you ask me. Cheers, -JavaBeans
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