Q: Will I be accepted with an Advanced Parole even though I overstayed more than 1 year (or stayed unlawfully)?
I came to the US on a F-1 visa, and I would go back home every holiday. However one time I forgot my I-20. I was given an I-595A form and 30 days to submit my I-20 form, but I failed to do so. The I-94 given to me then expired in Feb, 14th. I stayed here in the U.S. and continued to study ever since. Have not left the country as well. Now, I just got married to my U.S. citizen spouse and she applied for a Green Card for me. I would like to go home for the holidays, but I am afraid I will be denied entry even with an Advance Parole document. I overstayed more than 1 year so I am afraid if ill be banned for 10 years. I found an article that addressed this issue. Here: http://www.us-immigrationvisa.com/unlawfulpresence/advance-parole-and-unlawful-presence
What should I do? What can I do?
A: Immigration attorneys rarely answer questions on this forum. Go see one.
A: In Matter of Arrabally Yerrabelly, the Board of Immigration Appeals held that a departure under advance parole does not trigger the unlawful presence bar. But still, each time you depart from the US without lawful status you are taking a risk. An immigration officer might still find a reason to deny you reentry even if you are approved for advance parole. Check with an an immigration attorney to review your particular details and ensure there are no other reasons that might trigger inadmissibility.
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