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How long can i stay outside on the AP? Pending VAWA. Dont want to be with husband. If rejected file for GC over here?

Miami, FL |

I came to US 02.2012 on J1, it got cancelled. Married 08.2012. Filed papers in Dec. In 03.2013 my lawyer filed for VAWA as he is bipolar&very abusive. She is not available & there is no one else i can call.
I am in Germany since 6 wks with Advance Parole bec i wanted to get my teeth fixed. I now have to change my flight and dont remember if i can stay for 3 or 4 months?? Can somebody please tell me!
2) i found out that my husband broke all our agreements and stopped his medication+moved to another place. I dont want to get back to him but im emotionally not capable to end it!,as he keeps begging,also have no money. She said b4 that i can get rejected at the border and the VAWA will still go through and then i have the same chance to get the Greencard over here!? When do i have to be back?

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Attorney answers 3


One of the issues with prolonged overseas stay is that you need to be in US for biometrics or RFE or interviews for I-485 should it come with short notice.


You can remain outside the US only as long as your Advance Parole is valid.

(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.


I agree with Mr. Shusterman but you already know that since I answered your similar question in your other post.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



But i thought that there is a risk of not being allowed back in if i stay for more then 3 or 4 months. What i mean is that as longer i stay as more the risk increases? And: if i will not be allowed back in could i apply at an embassy here for the greencard, once my VAWA is through?

Alexander Joseph Segal

Alexander Joseph Segal


yes and yes, but better come back

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