I applied for a green card based on marriage, but I entered the US illegally or I have already overstayed my visa. Can I use Advance Parole to travel internationally while my green card application is pending?

I applied for a green card based on marriage, but I entered the US illegally or I have already overstayed my visa. Can I use Advance Parole to travel internationally while my green card application is pending?

It wouldn’t be a good idea to make any concrete travel plans. If you have accrued 180 days but less than one year of unlawful presence in the US, you will be subject to a three-year bar to re-entering the US. If you accrued one year or more of unlawful presence, you will be subject to a ten-year bar to re-entering the US. Although these bars can be waived under certain circumstances, you should not count on a waiver. These bars do not apply however, if you leave the US after your Advance Parole Document has been approved and you use it to re-enter the US.

If you have accrued any unlawful presence at all, you should consult a green card lawyer NYC before leaving the US, even if the USCIS has already granted you Advance Parole – it could be fatal to try to use it to re-enter the US.

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