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Application for Travel Document

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Filed: AOS (pnd) Country: Colombia
Timeline

So my wife and I are finally preparing to send out our i-130 and i-485 together. She is hoping to go and visit her parents in Colombia in February. We are contemplating filing the Application for Travel Document. The problem is I have heard numerous horror stories for overstay immigrants. She is an overstay for around 14-16 months now. We have been married for 4 months and, I know, probably should've nailed down this paperwork early. But is it true that even though we might receive advanced parole their is no certainty that she will be allowed to travel back to the US or allowed entry to the US? And once that happens does it effect the processing for i-485 any? From looking at a lot of your timelines I am right close to when she will accepted in February and the advanced parole would be good insurance. Any help? Or anyone have experience in these?

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Filed: Citizen (apr) Country: Australia
Timeline

** moved from "K3 visa" to "Working & Travelling during Immigration" as this is question relating to AP **

**Edit to fix moving location as it was inaccurate

Edited by Vanessa&Tony
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Sorry, with the overstay she cannot use Advance Parole. Once you get the actual document, it says right on there that if you have accumulated 180 days of overstay that you will trigger a ban and not be allowed reentry, even with the approved AP document. (They should check to see who is actually eligible to use it before they issue it, but they don't).

It's not about a lack of certainty... she flat-out cannot use it. (Just want to be extra clear here).

She will have to wait for the GC, and I think you have a good chance to get it by February. Good luck!

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Country:
Timeline

If she leaves the US with AP before her AOS is approved here is what will happen:

At CBP she will be taken into secondary and informed that she now has a ten year entry ban due to her overstay of 1 year or more.

She will then be returned to Colombia.

Her AOS application will be denied as it is now considered abandoned.

You will have restart the process filing for a CR-1 Visa with a new I-130 petition.

At the consulate stage (interview) she will be denied due to the ban.

You will have to submit a Hardship Letter and request a waiver for the ban.

The hardship isn't impossible but it is difficult as it requires a real hardship on the part of the USC to prove that they can't move to their spouse's country and they really need their spouse to live with them in the US. Even if you do get it, there is a lot of additional time involved in adjudicating the Hardship Waiver.

Just wait until she has her Greencard approved to travel back home.

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Filed: AOS (pnd) Country: Colombia
Timeline

Thanks guys, that's kind of what I expected from the research I made. Hopefully I can get the other paperwork out on Monday and play the waiting game. I just need to recover my 1099's for affidavit of support :(

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Filed: Other Timeline

USCIS, ICE, and CBP are all children of the same mother. Her name is DHS.

You ask child USCIS for AP, and she gives it to you. You travel and come back, and CBP says: "Gotcha!"

You tell CBP that USCIS had no objections, and he'll answer: "But I do, mofo. Whatcha gonna do 'bout it?"

Guess you get the picture. Mommy won't be available to comment.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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