Thursday, April 26, 2012

BIA Rules That Travel on Advance Parole does NOT raise Ten Year Bar!

An important decision issued by the Board of Immigration Appeals, the country’s highest immigration court, will make it possible for many thousands of immigrants to apply for permanent residency in the U.S. even if they have previously traveled on advance parole. This decision reverses the policy of the immigration service that previously said that individuals who travel on advanced parole after having been illegally in the U.S. for more than a year will be subject to the 10 year bar on their return. Those who traveled and later applied for permanent residency in the U.S. have needed to apply for a waiver of their unlawful presence. But only certain people were eligible for the waiver. To be eligible, the applicant needed to have a spouse or parent who was a permanent resident or US citizen. Individuals with employment based applications often found it impossible to apply for residency if they have traveled home. That has now changed. In addition, those who have applications for permanent residency that are currently pending, can now apply for travel permission and travel home without facing the need to file a waiver before obtaining their green cards!

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