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I need to ask a question regarding immigration, everything…

Customer Question
I need to ask...

I need to ask a question regarding immigration

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Everything is filed and i have been here in the country for 5 years

Lawyer's Assistant: Have you talked to a lawyer about this?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes

Submitted: 23 days ago.Category: Legal
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Customer reply replied 23 days ago
You didn't get my question yet so what is the lawyer answering for
Customer reply replied 23 days ago
I am going to dispute my transaction because you didn't get the question I want
Answered in 33 minutes by:
5/27/2018
Lawyer: Eric Y., Esq., Lawyer replied 23 days ago
Eric Y., Esq.
Category: Legal
Satisfied Customers: 321
Experience: General Counsel at UniversalMed Supply
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Hello. My name is Eric. I am an attorney. Please ask your question.

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Customer reply replied 23 days ago
My question is that my wife applied for asylum in Florida 5 years ago and it's still pending , me and my sons are in the same application , but my dad is very sick and I need to go by myself to visit him and come back and I need to know if I applied for advance parole for me only am I able to return back ?
Lawyer: Eric Y., Esq., Lawyer replied 23 days ago

If you feel that you absolutely must leave, you should apply for what is called an advance parole. To apply, you fill out Form I-131 and submit all required documents and fees. Do not leave the U.S. before your advance parole application is approved. Doing so will result in the presumption discussed above and a denial of your asylum application. Keep in mind that the advance parole does not guarantee re-entry. It functions similar to a visa, which means you will still be subject to inspection and final approval by U.S. Customs and Border Protections. Even with your advance parole, you could be denied re-entry. Because situations arise that could delay your re-entry, it is best not to travel, even with permission, while your asylum application is pending. The delay in re-entry could cause you to miss hearings or deadlines associated with your asylum application, and the eventual denial or withdrawal of your asylum application.

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Lawyer: Eric Y., Esq., Lawyer replied 23 days ago

Traveling while you wait for the USCIS’s decision is a generally bad idea. However, returning to your native country from which you are seeking protection is an even worse idea. The effect is the same even if you have an advance parole, or permission, to travel while your asylum application is pending. The purpose of an asylum application is to allow persons who are subject to persecution to receive protection in the United States. If you return to your native country, the return can demonstrate that you are no longer afraid of persecution or that the political climate in your country has changed and you are no longer subject to persecution. This presumption can also cause your asylum application to be denied. Additionally, the USCIS may also find that your application was based on fraud, which means you could be subject to additional penalties. You will have to submit and prove a “compelling reason” for returning to your native country while your asylum application is pending in order to rebut any of the negative consequences.

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Lawyer: Eric Y., Esq., Lawyer replied 23 days ago

If your ill father is in the native country, that could suffice as a "compelling reason"

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Lawyer: Eric Y., Esq., Lawyer replied 23 days ago

There is no yes or no answer to your question as USCIS decisions are discretionary and fact specific. These are the issues that you do need to be aware of though.

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Lawyer: Eric Y., Esq., Lawyer replied 23 days ago

I hope this information was helpful. If so, please kindly rate my response on a scale of 3-5 stars. Thank you.

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