Philadelphia, PA asked in Immigration Law for Pennsylvania

Q: Should I travel outside of the US with Advance Parole while waiting for the green card?

I'm Vietnamese. I've just got married to a US citizen in February 2018 and I'm in the process of waiting for my green card. I plan to go back to Vietnam for 1 month to visit my mom because she's really sick. The trip will be in December 2018. The USCIS has issued me an OPT/EAD card with Advance Parole valid from August 2018 to August 2019, which means I can legally stay in the US to work and travel while waiting for the green card. However, I don't know if I should risk it because the USCIS clearly stated that the Advance Parole does not guarantee for me to come back to the US. I've been living in the US since 2010. I came here on an F-1 student visa. For the past 8 years living here, I never violate anything. My background is clean. I'm a good citizen. I did good in school and I've just had a job offer right out of college. I always have valid paperwork to legally stay in America. In the end, I'm still very concerned and hesitate to go visit my mom. I really need some legal advice.

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2 Lawyer Answers
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It is more than likely that you will not have issues coming back in, based on what you said. You may or may not have unlawful presence; based on what you said, it’s unclear. If you do, leaving will not trigger the 10-year bar under the circumstances. So if you are otherwise admissible—no fraud, no criminal backgrounds, or other considerations, it is unlikely you will have problems. To be sure, you can consult with an immigration attorney.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: You need to look at your itinerary--don't travel through certain countries. You need to get documentation of your mother's illness just in case it becomes an issue. Most importantly, get a consultation with a member of the AILA or who is certified as an Immigration Specialist in accordance with Court rules.

The problem will be no one can make any guarantees because, as you have seen, the directives to Immigration keep changing.

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