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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3963
Experience:  Private practice in several areas, including immigration
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I have a removal procceeding illegal entry to usa but now

Customer Question

I have a removal procceeding illegal entry to usa but now I'm married with a usa citizen been approved now I'm on tps status with an advance parole. Can I travel out of usa without been inadmissible?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Shannon Llenza replied 1 year ago.

Hello, my name is***** and I am an attorney with over 15 years of experience. If you are in TPS status, you may travel abroad with permission (INA 244(f)(3)). It sounds like you have advance parole, which is what you must apply for and receive before traveling. 8 CFR 244.15; 1244.15. If you receive advance parole and return timely, then you are admitted in the same status (TPS) and not considered to have failed to maintain continuous physical presence. If you are referring to the 3/10 year bar when you ask about whether you are inadmissible, a person with TPS who travels may no longer be subject to the 3/10 year bars under INA 212(a)(9)(B)(i)(I) and (II). This is because DHS has provided legal guidance that when a person departs with advance parole that person shall not have made a departure. Please let me know if you have further questions. Thanks!

Expert:  Shannon Llenza replied 1 year ago.

Hello, I just want to follow up to see if you have any other questions or if you need any further information. Thanks!