Due to the implementation of the new three and ten year immigration bars, the INS is recommending that all adjustment of status of change of nonimmigrant status applicants consult with an immigration attorney or a Board of Immigration Appeals-accredited immigrant-assistance organization.
The new immigration bars make persons who have been out of status for more than 180 continuous days potential ineligible to enter the US. So even if an applicant for adjustment of status in the US can gain a travel document, the person may find themselves unable to re-enter the US if they leave.
The INS also issued a travel warning for Nicaraguans and Cubans seeking benefits under the recently passed Nicaraguan Adjustment and Central American Relief Act (NACARA). Persons who leave the US without an advance parole document could jeopardize their ability to adjust status to permanent residency under the new law.
And in a final note relating to advance parole documents, INS headquarters has apparently recently issued instructions to INS service centers modifying the steps officers must take before issuing advance paroles. The Nebraska Service Center is apparently now taking two more weeks to issue these documents.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.