For the New Immigration Bill, what if I left the United States after December 31, 2011 and came back?
The language of the Bill is not completely clear, it seems to say if you travel with US CIS authorization outside the US after December 31, 2011, you should be still fall under the new immigration law, however, the question will remain: is the person in legal status at the time of traveling? which may make the immigrant ineligible unless they fell out status before April 16, 2013.
Example: if a person entered the US in 2010, and marries a United States Citizen in January of 2012 and travels outside the United States on Advance Parole March of 2012, and returns to United States. At the marriage interview in January of 2013, the person fails the interview, and the I-485 is denied on March 10th, 2013, they will be eligible to apply for the possible new law.
Actual language of Bill below is “§245B(b)(2): Physical Presence. Must be physically present on the date application for RPI is submitted; Must have been physically present on or before December 31, 2011, and maintain continuous physical presence from December 31, 2011, until RPI status is granted: An alien who is absent from the U.S. without authorization after the date of enactment does not meet the physical presence requirement, except that a departure after December 31, 2011, may be excused if brief, casual and innocent.”
Andrew P. Johnson
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