Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

Travel Could Hurt Status

Q. Can I travel while waiting for my immigrant visa interview as I have been here without lawful status?

A. I recommend against your traveling outside the US.The INS view is that even if it grants you advanced parole (INS travel permission), travel abroad would make you subject to the three- or 10-year bar to permanent residence. You are subject to the three-year bar if you leave the US after having been here in unlawful status more than 180 days. The 10-year bar applies if you have been here unlawfully for 365 days or more. And, in the harsh waiver provisions, the parents of US citizens are not eligible for a waive of the bar. It seems strange that the INS would give you permission to travel and return and then deny you permanent residence because of your trip. Still, that is the way INS views the law. Unless you want to be a test case and challenge the law, it is better if you stay here until you get your permanent residence status.

(By Alan Wernick)

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