Client, a citizen of Senegal, entered the U.S. on a visit visa in the 1980’s and overstayed his status. He later applied under LULAC and took advanced parole to leave the U.S. and then re-enter. After his U.S. citizen daughter turned 21, Attorney Furqan filed his adjustment of status application under INA 245(a). USCIS delayed the application for months, but finally approved the case consistent with the BIA precedent setting case of Matter of Arrabally and Yerrabelly, which held that an individual who leaves the United States pursuant to a grant of advance parole does not trigger the ten-year bar for unlawful presence under INA § 212(a)(9)(B)(i)(II) for having been unlawfully present in the United States for more than one year.
