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cbwoy11

Traveling on a Advance parole . Please Help urgent

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My wife came to the states on a F-1 visa in 2001 and complete her studies in May 2005. We got married Septemeber 2005 and did file for Adjusted status until Feb 2007. Our case having been pending for 1 year. She has been approve for Adavnce parole and will like to go home for a family emergency. Here I-94 did not have a date a set date of expiration. Will this count as unlawful time and can she still travel. Please help Urgent!!!!. She is schedule to leave in 2 day.

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Please confirm that your wife overstayed for 1.5 - 2 years. Is that true? After May 2005 when she completed her studies she had no basis for maintaining her F1 status?

Yes, that sort of overstay incurs bans, and her AOS AP will NOT erase that ban. Even with AP, my understanding is that she will not be able to return.

By the way, if you applied for AOS in Feb 2007, that means your case has been pending for 2.5 years?! No adjudication of any sort?

Edited by Nik+Heather

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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This is too close to call.

Since the I-94 had D/S on it, only an IJ can say if she "overstayed", however, if she leaves and attempts to return, CBP can look at her records and see the length of time (overstay) and they can stop it right there.

The marriage during the initial visa and year later AOS complicates matters.

My recommendation is not to travel, but if you must, I would try to contact USCIS via an infopass to make sure she isn't subjected to a ban on return. (of course you have a time crunch).


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Exactly do not risk it especially after all this time, I hope you can wait a little longer

Edited by NArocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Yes, do a infopass with them in person.

This is too close to call.

Since the I-94 had D/S on it, only an IJ can say if she "overstayed", however, if she leaves and attempts to return, CBP can look at her records and see the length of time (overstay) and they can stop it right there.

The marriage during the initial visa and year later AOS complicates matters.

My recommendation is not to travel, but if you must, I would try to contact USCIS via an infopass to make sure she isn't subjected to a ban on return. (of course you have a time crunch).


ROC

7/12 - Sent I-751 Package by USPS

7/15 - Package was delivered at 11am

7/15 - Date of NOA

7/19 - Check was cashed

7/19 - NOA letter was received

7/28 - Biometrics letter received, date- 8/23/2011

8/01 - Early Biometric was done

11/15 - Card Production ordered

11/19 - 10 years Green Card arrived.

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Hey Guy's

I went ahead and found the meaning of being in " unlawful Presence" and "unlawful status" please read and let me know what you guys think.

Important Distinction between Unlawful Status and Unlawful Presence

It is important to draw one very important distinction which, unfortunately, creates confusion (and often, unnecessary worry) among foreign nationals. Unlawful status and unlawful presence are related, yet separate concept (one must be in present in an unlawful status in order to accrue unlawful presence, but being in unlawful status alone does not necessarily mean that the 3/10 year bans are triggered).

Unlawful presence is defined in Section 212(a)(9)(B)(ii) of the Act to mean that an alien is deemed to be unlawfully present in the U.S. if the alien is (1) present after the expiration of the period of stay authorized by the Secretary of Homeland Security or (2) present without being admitted or paroled. On the other hand, unlawful status may mean a violation of a previously valid status. For example, a F-1 student who drops out of school is said to be in unlawful status. However, the alien will not start accruing unlawful presence until immigration judge or USCIS makes a determination that the alien was out of status.[/specific Guidance on When Unlawful Presence Starts

The Memorandum describes some specific situations and provides some guidance on when exactly does the period of unlawful presence in the U.S. start.

For Nonimmigrants Admitted until a Specific Date. Generally the unlawful presence starts on the day following the date the authorized period of admission expires, as noted on the Form I-94, Arrival/Departure Record. If USCIS finds, during the adjudication of a request for some immigration benefit, that the alien has violated his or her nonimmigrant status, unlawful presence will begin to accrue either the day after Form I-94 expires or the day after USCIS denies the request, whichever comes first. Similarly, if an immigration judge makes a determination of nonimmigrant status violation in exclusion, deportation or removal proceedings, unlawful presence begins to accrue the day after the immigration judge’s order or the day after the Form I-94 expired, whichever comes first. Note that accrual of unlawful presence does not begin on the date that a status violation occurs, nor does it begin on the day on which removal proceedings are initiated.

Nonimmigrants Admitted for Duration of Status (D/S). If USCIS finds a nonimmigrant status violation while adjudicating a request for an immigration benefit, unlawful presence will begin to accrue on the day after the request is denied. Similarly, if an immigration judge makes a determination of nonimmigrant status violation in exclusion, deportation or removal proceedings, unlawful presence begins to accrue the day after the immigration judge’s order or the day after the Form I-94 expired, whichever comes first. Note that accrual of unlawful presence does not begin on the date that a status violation occurs, nor does it begin on the day on which removal proceedings are initiated.

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Sorry cbwoy,

I think you may have gone beyond the limits of the general VJ knowledge. Interpret as you like, or try to find a GOOD immigration attorney (not just any old guy) to consult with.


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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