The Immigration and Naturalization Service has taken the controversial position that an alien unlawfully present for 180 days after April 1, 1997 who thereafter files for adjustment under Section 245i and leaves on advance parole, WILL be subject to the three and ten year bars on admissibility under the 1996 Immigration Law. While the INS is expected to put warnings soon on advance parole documents, everyone who is a 245i adjustment applicant is warned not to leave the country while there applications are pending even if an advance parole document is issued.

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