Jump to content
OzDean

Using Advanced Parole with slight overstay (maybe?)

8 posts in this topic

Recommended Posts

Hey, so I read through this forum, and I think I found the answer, but this is a stressful process so me and my wife would appreciate the advice of the more experienced.

It's been a long process for us but I'll skip to what I believe is the relevant part.

I'm an American citizen. My wife came into the United States on a tourist visa in August, and her visa stamp gave her 6 months in the US, until February. We applied for AOS in November, went through the regular process of biometrics and she received her EAC / AP card February of this year. We are still waiting for the notification of interview (we think New York City, especially Queens, is a bit backlogged right now). My wife wants to travel abroad and visit her family, but it's been roughly 100 days since her tourist stamp officially expired. We aren't sure if it will seem like she's overstayed her tourist visa when she tries to return to the States, and if that will cause problems at border control.

From what I read on these forums an overstay of less than 180 days is not very problematic, and that if we started the AOS process before the tourist stamp expired, then it's not even considered an overstay. Is that correct? Can the CBP agents (she will re-enter through JFK) see that information? If we bring documents showing when she applied, had certain things approved, does that help if the CBP start asking difficult questions?

Also, when we applied for the AP the form asked us to give a specific reason with specific dates, but the letter and card we received says it is valid for the whole year... is it?

Thank you in advance for your help. :)

Share this post


Link to post
Share on other sites

Hey, so I read through this forum, and I think I found the answer, but this is a stressful process so me and my wife would appreciate the advice of the more experienced.

It's been a long process for us but I'll skip to what I believe is the relevant part.

I'm an American citizen. My wife came into the United States on a tourist visa in August, and her visa stamp gave her 6 months in the US, until February. We applied for AOS in November, went through the regular process of biometrics and she received her EAC / AP card February of this year. We are still waiting for the notification of interview (we think New York City, especially Queens, is a bit backlogged right now). My wife wants to travel abroad and visit her family, but it's been roughly 100 days since her tourist stamp officially expired. We aren't sure if it will seem like she's overstayed her tourist visa when she tries to return to the States, and if that will cause problems at border control.

From what I read on these forums an overstay of less than 180 days is not very problematic, and that if we started the AOS process before the tourist stamp expired, then it's not even considered an overstay. Is that correct? Can the CBP agents (she will re-enter through JFK) see that information? If we bring documents showing when she applied, had certain things approved, does that help if the CBP start asking difficult questions?

Also, when we applied for the AP the form asked us to give a specific reason with specific dates, but the letter and card we received says it is valid for the whole year... is it?

Thank you in advance for your help. :)

Since her overstay is less than 180 days, she should be fine.

Share this post


Link to post
Share on other sites

During AoS she is in a period of authorized stay. If she had overstayed over 180 days, she would incur a ban if she left without AP but based on your description, it looks like she didn't overstay at all. When she received her NoA1 after filing for AoS, her status went from "Tourist" to "Authorized stay - AoS pending." Someone correct me if I'm wrong.

Share this post


Link to post
Share on other sites

Jxn is absolutely right. No need to even sweat as your wife was never even an overstayer to begin with since she filed the adjustment of status in the middle while still on a valid B2 status. She automatically continued to be on authorized stay from that point up till now and will be until a final decision is made on her interview date down the road. She's good to use AP.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

Absolutely no bearing. As an adjustment applicant you don't even have to give a reason or date for travel on your AP in the first place.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

She has AP, she is fine.

My ESTA expired on Nov 17, I got AP on Feb 11, travelled Feb 19-27, crossed back into USA via the San Ysidro crossing without any problems (literally took me 30 seconds to get in the country). Just make sure you take all your documentation with you.


AOS on VWP:
Quote

 

2014-11-14 (Day 00) Filed for AOS, EAD and AP
2014-11-17 (Day 03) Status Expired / AOS, EAD and AP Received
2014-11-19 (Day 05) Rejection Notice as two pages misplaced by DHS in I-130
2014-11-21 (Day 07) Resubmitted Application
2014-11-28 (Day 14) Resubmitted Application for AOS, EAD and AP Received
2014-12-03 (Day 19) NOA for AOS, EAD and AP (I-131 was sent to wrong address)
2014-12-12 (Day 28) NOA confirming biometrics appointment (I never received this, only attorney did - presume lost in mail)
2014-12-20 (Day 36) Request for Initial Evidence for I-485
2014-12-31 (Day 47) Biometrics Appointment
2015-01-04 (Day 53) Replied to Request for Initial Evidence for I-485
2015-01-30 (Day 77) Offered a Job, submitted request to expedite EAD and AP, infopass meeting scheduled Feb 11
2015-02-10 (Day 88) EAD Approved online.
2015-05-29 (Day 196) Green Card Interview - APPROVED!
2015-06-05 (Day 203) Green Card Arrived

 

 
Removal of Conditions:
 
2017-03-07 (Day 00)  I-751 Package Mailed (CSC)
2017-03-09 (Day 02) I-751 Package delivered (CSC)
2017-03-13 (Day 06)  Checks cashed
2017-03-13 (Day 06) NOA Received 
2017-XX-XX (Day XX) Biometrics Letter 
 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×