Silver Spring, MD asked in Immigration Law for Maryland

Q: I have DACA and have a case with immigration to become a Resident. I have been waiting for my Waiver 601-A approval

Many people have suggested to do Advance Parole. Would I be able to do Advance Parole while waiting for my waiver 601-a approval for unlawfully entering the country? It has been two years now waiting for the waiver and my Granpa is currently very ill. I would like to visit him. Would doing AP impact my case and what consequences they are. I would love to talk to do a brief consultation with someone if possible. Thank you.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I understand your desire to visit your ill grandfather, but it's crucial to proceed cautiously given your pending immigration case. Here are a few key points to consider:

1. Advance Parole (AP) is a document that allows certain individuals to travel abroad and return to the U.S. without jeopardizing their pending immigration applications. However, eligibility for AP depends on your specific circumstances.

2. If you have a pending I-601A waiver application (Provisional Unlawful Presence Waiver), it's generally not advisable to travel outside the U.S. until the waiver is approved. Leaving the country before approval could potentially lead to complications or even the abandonment of your waiver application.

3. The consequences of traveling abroad with a pending I-601A waiver could include being denied re-entry to the U.S., as well as potentially facing a 3 or 10-year bar from re-entering the country due to your prior unlawful presence.

Given the complexities and potential risks involved, I strongly recommend consulting with an experienced immigration attorney before making any travel plans. They can review your specific case details, provide personalized guidance, and help you explore any available options while minimizing potential risks to your immigration case.

Many immigration attorneys offer brief consultations, either for free or for a small fee. Look for reputable attorneys or legal clinics in your area that specialize in immigration law and have experience with cases similar to yours.

Remember, while the desire to visit your grandfather is understandable, it's essential to make informed decisions that protect your long-term immigration interests and goals. An immigration attorney is best equipped to provide the guidance you need during this challenging time.

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