Legal Question in Immigration Law in Texas

I have question regarding new BIA AP rule that traveling with Valid AP doesn't ground for inadmissibility.

I want to know this rule is passed and USCIS making decision based on BIA rule?

Also, One of my friend he came USA with a visitor visa in the year of June 1996, Stayed after that never left USA during his stay. He also lost his visa passport. than after he applied for Labor certificate, he got his EAD card and he applied for AP in year 2008 then he traveled with AP aboard while his I-485 was pending. When he came he got an interview for his GC and he found he triggered for 3/10 years bar. Then he applied for wavier and his file is pending in one of USCIS office. So, my question is my friend can request for expedition for his pending case based on BIA rule. Please let me know. Thank you

Asked on 8/07/12, 11:31 pm

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation


I need to know if your friend is under 245(i). When did he apply for the Labor Certification?

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Answered on 8/08/12, 6:16 am

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