Will I banned at K1 interview?

[C8787 2]

This one is a doozy, warning.

Just looking for educated opinions here, as my case is unique.

Facts:

-Entered under special parole as a child (in relation to federal case)

-Received deffered action and promises of status from Marshalls for about 10 years

-Case transferred to USCIS at year 10, Marshals no longer had jurisdiction

-Took 1 year for USCIS to process i130 and i485

-Received EADs and advanced parole under i485 for years

-Left country to pursue business elsewhere, engaged to US Citizen, applied for K1

Question: is there a chance I will be banned for the 1 year I was "out of status" (or abandonded by Marshals, as I like to say) even though I traveled freely following that period (with advanced paroles)?

There is a lot of uncertainty and no attorney seems to have seen this before.

Thanks!

[Hypnos 6,576]

Was your I-485 ever formally denied before you left the country?

As an aside, the US Marshals do not have jurisdiction to grant you any kind of legal status. Only USCIS can do that. Any promises they gave you were exactly that: promises.

Edited August 20, 2015 by Hypnos

[newacct 688]

"Unlawful presence" does not accrue while I-485 is pending.

[C8787 2]

Hi both -

485 was never denied, just took forever to process.

There was a 1 year period between when we stopped getting deferred action and i130 was submitted for us (Marshals handled paperwork), and receiving receipt for 485. There is uncertainty around whether or not we accrued unlawful presence, as we entered under special parole without date to leave (or even visa for that matter). We received yearly deferred action and EADs while 130 processed.

There is a 1 year gap between the last deferred action and the date we received 485 receipt.

[Hypnos 6,576]

It's unusual that you were initially paroled in with no expiration date to that parole stated on an I-94.

[C8787 2]

Like I said, its a complicated case... I guess I'll know at Consular appointment