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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109661
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Question on Advance Parole

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Question on Advance Parole
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Why is your I-485 taking so long? It is through employment? And what is your current status in the U.S.?
Customer: replied 3 years ago.

I am on EB-3 Employment Based Category, and my priority date is 02/2007. Current priority date for EB-3 is around 09/2003. My current status in the country is Pending-485.

Sorry about the delay. I have cases in immigration court today and it has been a little busy. How could you be in pending I-485 status if your Priority Date is not current? Did you file when they were current and then they retrogressed? What status were you in when you filed?
Customer: replied 3 years ago.

Yes, I filed when they were current and then they retrogressed. This was in July 2007. I was on an H-1 when I filed for I-485.

It probably would have been a good idea to maintain your H-1B status as a backup status. I never recommend traveling until the Residency is approved. However, having said that, I have had APs granted just for family matters that are non-emergencies. My clients have been able to come back with no issues. Again, I do not recommend travel because there are no guarantees of re-entry, but I have seen persons use the AP without emergency or urgent reasons for travel and still make it back in. I wish I would give you a concrete answer, but this is one of those situations where it is difficult as it is an area that is somewhat gray and enforcement is slack. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to and make sure you type: FOR GUILLERMO on the subject line. Thank you!
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