My mother in law came to NY in 2000, and overstayed visa until now. When I married my wife we adjusted her status and she eventually became a US citizen. We then applied to adjust my mother-in-law's status last fall. She just got her Employment Authorization document AND approved for advance parole on the same card. She really wants to travel back to Argentina this summer to see her parents (they are getting quite old but there is nothing SPECIFICALLY wrong with them), but I'm not sure this is safe. I have read about the court decision of Arrabelly and Yerabally, and I know that her unlawful presence can't be held against her when we come back to the USA, but I'm still afraid that some technicality will prevent her from coming back in. She has no criminal records or deportation orders against her, but I still get nervous. Do you think she would be safe to travel with this advance parole?
There is no way to completely guarantee that nothing could go wrong. However a person with advance parole does almost always get paroled back into the U.S.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
The advance parole document does not guarantee that your mother-in-law will be admitted at the U.S. port of entry. You can always consult an experienced immigration attorney for a review of the case and an assessment of any inadmissiblity issues.
You are correct that the unlwaful presence bar will not be tripped by travel abroad on advance parole. However, as the previous attorney pointed out there is no guarantee of reentry with advance parole. It is always a discretionary decision as to whether or not someone will be paroled back into the US. IF she has no immigration violations in the past, has never been in proceedings, no criminal record, then there does does not seem to be any obvious reason why she would be denied reentry but no one can guarantee that.
This response does not constitute legal advice and it does not establish an attorney-client relationship. I recommend you meet with an attorney.
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