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

Orlando, FL |

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

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Attorney answers 5

Best Answer

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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.



Ok. I had done infopass prior but my case was not yet current according to the uscis processing times. Is there a time frame by which a case must be adjudicated? At interview the officer said she was recommending approval pending background checks. I do not have a criminal record, so do you have any idea if officers must approve or deny cases in a certain time frame? Thanks in advance.

Jeffrey Adam Devore

Jeffrey Adam Devore


It sounds like there is more to your case then has been set forth here. Consult with an experienced immigration attorney. There is no time limit in which an application for adjustment of status must be adjudicated.


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

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


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Generally, yes.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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.


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