Leaving the country with AP but expired visa

[Jørgen 2]

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 July 26, 2010 by Jørgen

[CaptainPenguin 5]

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.

[Christi85 86]

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

[CaptainPenguin 5]

Hah, nice. VJ now ###-es out 'bad' words 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.

[belinda63 2,981]

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.

[engineer21 51]

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