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My i-485 is pending due to DUI convictions. I have to go to my country because of serious family emergency.

Long Beach, CA |

If I get an advance parole, Is it possible to reenter to the US?
I heard it's too risky and probably not be allowed to enter.
Does Immigration office give me an advance parole even there is no chance to reenter to the US? Do they give an advance parole to someone who has criminal records and 485 is pending ?
Thank you.

Attorney Answers 3


It is risky to leave under these circumstances. Citizenship and Immigration Services can give Advance Parole and Customs and Border Protection can still deny you entry into the US. You may also be subject to a different bar on entry if you have been in this country for a certain period of time in an unlawful status. I would not advise you to leave while your case is pending.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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DUIs plural? Anything else?

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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I have a DUI, 2 wet reckless, probation violation, driving suspended license.


Some people are risk takers ... I'm not one of them.

Although I am sorry to hear about your family emergency, you may be looking at an immigration emergency if you leave the US before your greencard is processed .... especially since it looks like you are facing more than one DUI.

Meet with your criminal defense attorney and have him/her get in touch with an immigration attorney.

Also, see if some other member of your family can deal with the emergency, so you don't need to leave the US.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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