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The dangers of applying for Form I-131 Advance Parole (a travel document)

Posted on February 26, 2014 at 2:01 PM
Many people are anxious to travel outside of the United States while the green card application is still pending. If you are married to a United States citizen, and applying for a green card, there is an option to apply for advance parole or a travel document that will allow the foreign national spouse to leave the country while the green card application is pending. The best route is to stay in the United States  after the green card application is filed. Generally, USCIS will give foreign nationals the travel document. However when applying for the document, the instructions do state that if  the foreign national spouse has overstayed a visa by over 180 days they may be subject to a 3 year bar. In  addition if the foreign national spouse has overstayed a visa for over a year, then they may be subject to a 10 year bar. So even though the foreign national spouse may have the advance parole travel document, they may not be allowed to re-enter the United States.

Categories: Green Card Eligibility

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