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Can I apply for Advanced Parole with approved VAWA?

San Diego, CA |

I was approved for VAWA. I filed a self petition for VAWA. I am a male, i filed when I was 23 years of age. The abuser was my father. My father is a LPR. I was not able to apply for adjustment of status because my father is a LPR. I need to wait for a visa to be available for my priority date. I am a Mexican citizen. I have been in the US since 2001. My VAWA was approved in 2010. My question is, would i be able to apply for advanced parole?? I would like to take a class abroad and would like to know if i have any chances of getting advanced parole. Thanks for your help.

Attorney Answers 2


  1. Advance parole is an immigration document issued by the United States. It is not a re-entry permit; it is only issued to aliens without permanent residency. Advance Parole is permission for certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. Such aliens include those who have applied to adjust their status to that of permanent resident or to change non-immigrant status. Advance parole must be approved before the applicant leaves the United States, or any residency application will in general be denied.

    You need to file for AOS Adjustment of Status Form I-485 first.

    Hire a lawyer to protect your legal rights.
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  2. You could file a U Visa if you have documented proof that you were the victim of a violent crime and you cooperated with authorities. I would look into this option as well. Additionally, what is the status of your mother? Did your father ever submit a Petition for Alien Relative (I-130) on your behalf or your mother's behalf? What is your priority date? The Visa Bulletin in currently in October 8, 2010, so if you filed the petition prior to that date, your priority date is current. However, you must immediately apply for your adjustment because you can age out. Another alternative is to request deferred action (either DACA if you qualify, or regular deferred action with the Vermont Service Center). If granted, you could subsequently request a travel document. Hope this helps!

    The answers provided should not be considered legal advice. They are for general information only. It is always recommended you consult with an attorney prior to taking any action.

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