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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

Immigration lawyer Andrew P Johnson is a prominent advocate within the immigration community and is regularly interviewed by major press organizations and invited to speak at diplomatic events regarding immigration law. The Law Offices of Andrew P Johnson represents corporations, diplomats, nonprofits, entrepreneurs, families, and individuals. Our immigration lawyers in New York City have represented and litigated thousands of cases throughout the country. Our Senior Partner, Andrew P. Johnson, was a government prosecutor until he started the immigration law firm in 1999. He has authored numerous articles on immigration and international matters which have been published by the American Bar Association and the American Immigration Lawyers Association. In 2013, Andrew P. Johnson was invited to speak to over 30 United Nation Ambassadors regarding the EB-5 visa investor program. In 2015, Mr. Johnson was invited to Washington DC to speak to over 40 United States Ambassador about the EB-5 investment program. Immigration lawyer Andrew P Johnson has been featured in the New York Times, interview by CBS, quoted by USA Today, Fox News, Washington Times, ABC, Indian Post, Associated Press, Radio Free America, Boston Globe, Chicago Sun-Times, along with over 50 other periodicals around the country.

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