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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.

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Attorney answers 2

Posted

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.

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Posted

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.

Asker

Posted

My father did submit an I-130 on my behalf and myother in 2002. My priority fate is May 2002. My priority date became current in 2009 but I had aged out already , even with the CSPA i was still aged out. My father is a LPR. My mother was not able to adjust because my father didnt want to continue with her case/. My mother filed for VAWA and was approvred. She was able to adjust because her date was current. Since i became over 21 , my category changed to F2B. I have already been granted dferred action under VAWA. My question was whether or no VAWA self petitioners qualify for Advanced Parole or not ??

Filex Alexandro Sanchez

Filex Alexandro Sanchez

Posted

Your category is not an F2B. It is an F2A. At least it is an F2A at the time of the filing. Read the September 6, 2011 memo titled "Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21" which modifies the AFM as follows: "(G) Classification. A self-petitioner petitioning for eligibility under sub-paragraph (v) of section 204(a)(1)(D) of the Act shall be treated as if the self-petition had been filed on the day before the self-petitioner attained age 21. When a self-petition is approved, however, a self-petitioner’s continued eligibility and subsequent classification for visa issuance or adjustment of status shall be governed by section 201(f) of the Act or paragraph (i) of section 204(a)(1)(D) of the Act, whichever is appropriate." A VAWA self petition is independently not eligible for advanced parole.

Asker

Posted

I was approved for VAWA, so my category in the visa bulletin should be F2A ?? When I was in the process of adjusting with the I-130 . The immigration officer at the interview said i had aged out and that my category had changed. That was in 2009. Then in 2010 I applied for VAWA and was approved. My approval letter had my priority date the same as my I-130 had. So , if i was approved under a self petition for VAWA , does my category change back to F2A ? Thank for taking your time.

Filex Alexandro Sanchez

Filex Alexandro Sanchez

Posted

I would have to see your I-130 and your I-360 approval to make sure.

Marc Aaron Asch

Marc Aaron Asch

Posted

If you are eligible for deferred action for childhood arrivals (DACA), you may be eligible to receive advance parole after you are approved for this type of deferred action. Study abroad is a valid basis for a DACA beneficiary to request advance parole according to USCIS guidance. Hope this helps. Definitely speak to a lawyer before you leave the country.

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