RSS Feed
Twitter
May 1st, 2012 
Tushar Mathur
In a recent BIA decision, the Board surprisingly held that a foreigner
who left the United States after securing an “advance parole” travel document
from the DHS is not considered a departure for the purposes of determining
whether the person is subject to the 10-year unlawful presence bar. The Board held that the foreigner is
therefore allowed to apply for adjustment of status to become permanent
resident under section 245(i) of the Immigration and Nationality Act.
who left the United States after securing an “advance parole” travel document
from the DHS is not considered a departure for the purposes of determining
whether the person is subject to the 10-year unlawful presence bar. The Board held that the foreigner is
therefore allowed to apply for adjustment of status to become permanent
resident under section 245(i) of the Immigration and Nationality Act.
In Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012),
the respondents, husband and wife, legally entered the U.S.
the respondents, husband and wife, legally entered the U.S.
Continue reading “BIA held Advance Parole Absence does not trigger Unlawful Presence Bar”
Posted in Uncategorized 
Tags: 
