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Jørgen

Leaving the country with AP but expired visa

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Filed: AOS (pnd) Country: Norway
Timeline

Hi,

The title says it all: I've got a student visa (F-1) that'll expire in the middle of September. My application for AOS (with I-130 and I-765) was submitted in the beginning of July. I have gotten an A#, and the next step is biometrics. What happens if I get AP and leave the country after my visa expires in September? Will they let me back in?

My home country (Norway) is a member of the US Visa Waiver program, which means I can enter the US on business or for tourism without a visa for up to 90 days, will that help me? (It seems that to enter as a part of the VWP you need to have a return ticket or a ticket onward, which would be pretty expensive)

Kind regards,

Jørgen.

Edited by Jørgen

05/31/2010: Married my beautiful wife :D

06/01/2010: Found out that I am no longer eligible for the J-1 visa I was applying for for my summer internship, because of marriage

07/12/2010: USCIS sent NOA1 (FedEx receipt 07/09/2010)

07/27/2010: Did walk-in biometrics in Fresno, CA (Scheduled appointment was 08/14/2010 in San Marcos, CA)

07/27/2010: Requested expedited processing of I-765 due to financial hardship

07/27/2010: RFE (I-864 instead of I-864EZ) - expedited processing cancelled.

08/09/2010: I-131 delivered to USCIS (according to USPS)

08/13/2010: RFE response NAO received per e-mail. (USPS receipt 08/11/2010)

08/16/2010: Requested expedited processing again.

08/24/2010: Contacted Representative about help. Inquired to USCIS, told us they couldn't ask for any kind of preferred processing, and gave us status update (At the "judicial stage of the process"?)

08/25/2010: Work permit card production ordered!

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They will not let you back in, you are not allowed to come back in based on the visa waiver program when you have other visas pending. Now, you could lie about your status and there is a fairly good chance that they might miss it, but it can come back and bite you in the #### real hard later.

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Filed: Citizen (apr) Country: Greece
Timeline

If you are applying for AOS and are serious about getting it, then you shouldn't leave the US until your AOS is adjudicated.


My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

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Hah, nice. VJ now ###-es out 'bad' words :P Not cool.

Anyhow, I just thought I should update my post with some more details of the VWP, here is the official FAQ: http://travel.state....thout_1990.html

About halfway down the page it clearly states:

When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the guidelines listed in the section above in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these guidelines must apply for a visa. A visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States.

Wants to work or study in the United States, travel as a working foreign media representative, come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States

This is pretty clear because you have already applied.

Also, you have been issued an A number, which is tied to your passport number in a database, so you will most likely be denied an ESTA clearance, leaving you stranded back in Norway or as mentioned before, denied admission at POE. Essentially you can only use the program if you are a tourist on a short visit or business trip. Point being, for your own good, do not go back to Europe until your application has been approved.

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Filed: Citizen (apr) Country: Iran
Timeline

If you have the Advanced Parole in your hands this should not be a problem provided you have no overstay. Once you file for AOS it supersedes your student visa, and also the VWP. You will need to enter as a pending LPR not sure what the process would be for you, my hubby just had his AP papers and his passport when he entered.

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Filed: Citizen (pnd) Country: Indonesia
Timeline

According to this immigration lawyer, yes you can re-enter with the AP in your case:

http://www.avvo.com/legal-answers/f1-visa-expired--i-20-valid-until-november-2011--i-174582.html


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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

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