My mother brought me to this country at age 12 with a B-2 and I-94. We have overstayed that visa for almost 10 years now. I never realized. I am now in college, on my third year and my school requires a cross-cultural experience to graduate (I attend a Christian school) I have applied for Advance Parole so that I can travel to Iceland this may to fulfill that requirement. I just now realized that overstaying your visa is actually a really bad thing and I am afraid that even with the advanced parole I wont be allowed back in the united states. When I applied for my deferred action I sent in copies of my B-2 and my I-94, and I was granted the DACA for minors. I need to leave around may 6th for Iceland (of 2014) and I turn 21 on may 3rd. What should I do?Also I have seen a lot of post that are similar but they are mostly of people who are married to US citizens and/or have US citizen family. This is NOT my case. I am a full time student with no plans to get married any time soon (I'm barely turning 21) and I have no family in the US. In other words I have no adjustment status.
You need to review your case with an attorney before you leave. If you have advance parole, under the current interpretation of the law, you do not trigger the unlawful presence bar when you leave. See Matter of Arrabally and Yerrabelly.
Please note that this response is for informational purposes only and does not create an attorney-client relationship.
You should bring all of your paper work to an attorney so that your options can be evaluated. You may be okay with the advance parole.
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
You should be okay with the advance parole because you were granted DACA.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
Travel is possible with advance parole. Have an immigration attorney review the details of your situation before departing the US.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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