Legal Question in Immigration Law in Rhode Island

Can I travel?

I also just got married a few weeks ago to a U.S citizen. I had entered on a valid visa but overstayed. I haven't received my work authorization yet. We would like to go outside the country for a tour but I have been told that we should leave the country only after I receive the work permit or else I wouldn't be allowed to enter the US. 1. Is this true? 2. Am I considered in legal status now that I have applied?


Asked on 2/21/05, 11:46 am

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Can I travel?

You may face 3-y or 10-y bar depending on how long you overstayed your visa. So it's not advisable to go out of US before you get your permanent residence approved.

Read more
Answered on 2/21/05, 12:32 pm
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Can I travel?

When you apply for adjustment of status, you must apply for advance parole to be able to travel. Applying for a work permit doens't help you. If you travel out of the country without first receiving advance parole, your adjustment of status application will be deemed abandoned and will be denied. But you potentially have a bigger problem. If you accumulated more than 180 days of unlawful presence (your I-94 expired more than 180 days ago), and if you depart, you will trigger the 3/10 year unlawful presence bars, the latter if your I-94 expired more than a year ago. You will inadmissable to the US for 3 or 10 years, depending whether you are out of status more than 180 days or one year. Waivers are based on extreme hardship to your USC spouse and are hard to obtain. If the ULP bars apply to you, it is not advisable to apply for advance parole or to travel before you get your green card.

Read more
Answered on 2/21/05, 12:52 pm


Related Questions & Answers

More Immigration Law questions and answers in Rhode Island