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Can i travel to my country to see my family for Christmas? i filed my AOS case July,and not receive interview date notice yet!..

Savannah, GA |

My I-94 was expired September 26th (I am here from march 26th) .Is that risky to leave and see my family as my AOS case is pending? i already got my ADVANCE PAROLE.

Attorney Answers 3


  1. If with your Adjustment of Status application you were eligible for and filed an Application for Advance Parole (a "travel document"), then you may use the Advance Parole card to travel abroad and re-enter the U.S. while the Adjustment of Status case remains pending. This is true notwithstanding the expiration of the nonimmigrant visa shown on an I-94 Card. The USCIS can be expected to approve an Application for Advance Parole and issue the card within 60-90 days of filing.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com


  2. You should be fine if you have an approved Advanced Parole. Don't stay away too long though. You might receive the interview notice while you're out. They generally only give a few weeks notice for the interviews.


  3. You should be fine. It's wise to have someone check your mail while you are gone to make sure you don't miss your interview notice.

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