Pls help - Vawa pending risk in travel with advance parol?

[redflower7 0]

Hi,

I came to the US February 2012 with a J1, after 1 day at work the J1 Visa got cancelled. I stayed as me and my lawyer were considering to file for permission to the stay on humanitarian grounds (company broke visa rules very badly and then fired me). I fell in love and got married in August. Me and husband filed in December 2012. In March my lawyer changed it to a VAWA case. Now i have an appoved advance parol document. I would like to travel with it for 3 months to germany to get my teeth fixed as i have a big infection and cant pay for it here. My lawyer said something about that there is still a (small?) risk? Is that true? How much of a risk is there? I would be totally and absolutely devestated that if after all what i went through i would not be allowed back in. So i dont want to take any chances. I read somewhere on the internet that if you have been out of status that you will not be able to get back in? I did not accrue any overstay as it was a J1, i am also not criminal but...is there still a risk?

Thanks!

[Sandra G. 5,026]

Legally speaking with advance parole you should be able to reenter,but of course your entrance is discretionary and they will decide when you arrive.The majority of jurists recommend not to travel with Vawa pending.You can apply for medicaid with your prima facie and have your tooth fixed...why not?

[Caryh 5,206]

If you came in February and had your visa cancelled the next day, then didn't file again until December, and you do have an overstay, Feb thru December. I know overstays are forgiven when marrying a USC, but that option sounds gone to you, since you're now on a VAWA. I heard of nothing but trouble when people attempt to travel using AP after an overstay. Leaving the country and attempting to return before the green card is given is going to be at high risk of being turned back at the border.

[N-o-l-a 7,167]

Legally speaking with advance parole you should be able to reenter,but of course your entrance is discretionary and they will decide when you arrive.The majority of jurists recommend not to travel with Vawa pending.You can apply for medicaid with your prima facie and have your tooth fixed...why not?

I don't know about your state, but Medicaid here does not cover adults who don't have children, aren't income eligible, etc. Also medicaid in this state does not cover dental for adults.

[Brian1967## 119]

Red flower see if there is a dental college in your city and a dental student might treat or pull the tooth at very reduced rates, also dentists realize most people do not have insurance for this see if the office will take payments. Just a few ideas

[Hypnos 6,576]

If you have at least 180 days of overstay (and it sounds as if you could have) then you have at least a three year bar from the US (or ten years, if you reached 365 days of overstay) that even approved AP will not overcome. You will be refused entry if you travel overseas then attempt to re-enter and have one of these bars.

If your I-94 was stamped "D/S", however, then you do not accrue overstay until either USCIS or an immigration judge makes that determination, so would be able to use AP in that circumstance. You should double and triple check this with an experienced immigration lawyer before you travel, though.

Edited July 1, 2013 by Hypnos

[redflower7 0]

If you have at least 180 days of overstay (and it sounds as if you could have) then you have at least a three year bar from the US (or ten years, if you reached 365 days of overstay) that even approved AP will not overcome. You will be refused entry if you travel overseas then attempt to re-enter and have one of these bars.

If your I-94 was stamped "D/S", however, then you do not accrue overstay until either USCIS or an immigration judge makes that determination, so would be able to use AP in that circumstance. You should double and triple check this with an experienced immigration lawyer before you travel, though.

Hi Hypnos, Yes it was stamped DS. Does that mean that travelling now wit AP will be definitely safe to get back in here??

[Hypnos 6,576]

Probably, but again I would check with at least a couple of reputable immigration attorneys prior to leaving the country, because if you make a mistake there is no do-over.

[redflower7 0]

My lawyer says she cant tell if its small or big chance to not being able to come back. She said it happened to none of her clients so far but she cant say its a 10 or 50% chance to not being allowed back in. She said i have D/S...anyway after talking with her i am not farther.... i dont know what to do, whether i should fly or not... nowhere on the internet is a clear answer. Its a big or small risk....?

[Jawaree 717]

Listen to your lawyer...how did they give U AP for

dental work? AP is usually given for deaths, illnesses

and emergency situations, your lawyer smells a rat, U may

not be allowed back in a lot has happen with you to stay

in the USA in a short period , losing work visa, married,

vawa & now aa AP request for dental...try the Catholic health

center and listen to your lawyer

[redflower7 0]

She applied for AP after she filed for VAWA. There is no reason for it!?

[redflower7 0]

It was not work visa it was J1 and it had DS in there so no accruing of overstay. I am still not sure. Anyone else?