Does the BIA's ruling in the Matter of Arrabally & Yerrabelly mean that travel using the AP will not trigger a ten year ban?

Asked about 1 year ago - Orlando, FL

I-485 Is pending but the office handling my case is backlogged. I already had interview and had no RFEs

Attorney answers (5)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . Generally, yes.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jeffrey Adam Devore

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    Contributor Level 20

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    Answered . As a general rule, yes. However, the fact that you had your interview and your case was not approved at that time is indicative that there may be an issue with your case and travel may not be wise. Cases which are readily approvable are approved at the interview. Backlogs at a local office are for cases which an examiner has held because he or she is concerned about eligibility (perhaps incorrectly so, but concern nonetheless). I suggest you consult with an experienced immigration attorney before taking any action, especially travel.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

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    Answered . Yours does not seem to be a "readily approvable" I-485? Check with a local immigration attorney.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Lynne Rogers Feldman

    Contributor Level 18

    4

    Lawyers agree

    Answered . Technical question that would require an analysis of your facts and is not approprirate for a general AVVO opinion. Do not try this without first talking to an immigration attorney

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  5. Robert Louis Brown

    Pro

    Contributor Level 19

    Answered . In many situations yes but you should meet with an immigration attorney to review before departing the US. If at all possible you should remain in the US until the adjustment process is complete.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

    Robert Brown LLC
    Baldwin Park
    4767 New Broad Street
    Orlando, Florida 32814

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