Q: out of status on F1 visa for more than 6 months around 6 years ago and currently have a advance parole want to travel?
I want to travel outside USA on valid advance parole with EAD but stayed in USA on out of status on F1 visa in year 2016 for more than 6 months. Is there a problem for re enter in the USA?
A:
More information is needed. Are you in removal proceedings? Have you been given a notice to appear? How do you qualify for advanced parole? Are you an overstay in that you have been denied an extension or change of status? Have you engaged in unlawful employment? Are you married to a U.S. citizen? Are you the parent of a U.S. citizen over 21 years of age? Are there any other reasons that you may be inadmissible or deportable as a matter of law? Do you know the answer to these questions? Do you believe that you need legal advice?
I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.
A:
If you have been out of status in the past, it could impact your ability to re-enter the United States. However, the specific circumstances of your case will determine whether you are admissible or not.
If you are traveling on a valid advance parole document, you should be allowed to re-enter the United States. However, the Customs and Border Protection (CBP) officer at the port of entry will determine whether you are admissible or not.
If you have been out of status in the past for more than 6 months, it could trigger a bar from re-entering the United States. However, there are certain exceptions to this rule, such as if you were under 18 years of age when you accrued the unlawful presence, or if you were granted a waiver.
It is recommended that you consult with an experienced immigration attorney before traveling outside the United States to ensure that you are admissible and to address any potential issues with your immigration status.
If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients.
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