I was on F1 visa while I applied for political asylum and my husband was in h1B visa. I included my husband in the asylum case. I got a letter for biometrics from the asylum office but never received a interview date. I never applied for EAD through asylum. I maintained my legal status at all times and so did my husband. I then applied for OPT and withdrew my asylum case and received a notice from Uscis saying that the case wAs terminated. My opt is still valid. My husband's office has now filed for I 485 and we have received EAD and AP. In this situation can I travel back home and come back or should I wait to travel till 485 is approved? Does my asylum case affect the 485 filing? Please advise.
I agree with my colleague ... do NOT use the AP.
DO meet in private with an immigration attorney. You need to get a copy of your file.
I repeat ... DO NOT TRAVEL ON AN ADVANCE PAROLE ... unless you're willing to risk the chance that you may get 'stuck' outside of 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.
Your case deals with a number of immigration issues and is likely more complex than it appears. I would recommend that you work with the attorney helping filing your husband (and hopefully your) I-485 application. The attorney will need to know about your immigration history. I would not recommend returning to your home country at this time until an immigration attorney looks at your terminated asylum case.
This is not legal advice. This response does not establish an attorney-client relationship.
Even though your past, now withdrawn asylum case will likely not affect your I-485 filing, I would still not even consider departing the country on AP without first having had a sit-down meeting with an immigration lawyer who will review your entire immigration history.
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.
I too agree with my colleagues. Using the AP is very risky and your question presents a host of potential immigration issues. You should consult with an immigration attorney to review your file. Best of luck to you.
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