Q & A June 22, 2003

Q & A 1

To whom it may concern:

I hold an H-4 visa. I applied an- I-485 on 9/10/02, and got its receipt from the INS.

Question:
1. Is it possible for me to apply an advance parole, since my employer will send me abroad for an exhibition?

Zhang

Dear reader:

As you have already applied for an I-485 adjustment of status application with the INS, you are allowed to request an advance parole from its successor, the BCIS, to leave the country for business purposes. I will assume that your H-4 visa is current or at least was current until the time that you filed for the I-485 application, and that you were not illegal for 180 days or one year after April 1, 1997 -- conditions which would subject you to three and ten year bars respectively once you left the U.S.. You should also understand that under current INS interpretations, an H-4 holder who works in the U.S. even with an employment authorization card from the BCIS is no longer considered in H-4 status as individuals in that status are not allowed to work. I do note, however, that as long as the I-485 application is pending, you are considered legal for most purposes in the country.

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.