filing advance parole and EAD after 180 days of expiration of k1 and i94

[loladolly 51]

What if you have overstayed in the past on a different visa or vwp?

I have applied for AP before the expiration of my I94 so normally it won't be a problem to travel with it.

However in the past i have overstayed the VWP for like a month. Will it be a problem when i use my AP (if i do use it)? Could they deny me reentry with AP?

Are we automatically taken to secondary with AP? How come?

[newacct 688]

What if you have overstayed in the past on a different visa or vwp?

I have applied for AP before the expiration of my I94 so normally it won't be a problem to travel with it.

However in the past i have overstayed the VWP for like a month. Will it be a problem when i use my AP (if i do use it)? Could they deny me reentry with AP?

Nope. That doesn't matter.

Are we automatically taken to secondary with AP? How come?

Yes. I guess they have to verify the AP, which takes longer than can be done at the counter.

[mai95 4]

Typically if you have 180 days or more of over stay, the AP is not worth filing as the person trying to use the AP would be denied re-entry to the US and then would need to file for a spousal visa. If it was me, I would not leave the US until I had the GC in my hot little hands and not risk leaving the US and being denied re-enter given how close to teh dead-line you are.

Good luck,

Dave

DAVE you are wrong.

Someone with a pending permanent residency application who leave the U.S. with advance parole do not trigger the 3 and 10 year unlawful presence bars.

look up, Board of Immigration Appeals (BIA) matter of Arrabally Yerrabelly, 25 I&N Dec. 771 (BIA 2012)

[Hypnos 6,576]

USCIS have not yet issued guidance with regards to Matters of Arrabally and Yerrabelly, so you are rolling the dice when it comes to relying on it; it might get you back in, it might not.

[Dave&Roza 748]

DAVE you are wrong.

Someone with a pending permanent residency application who leave the U.S. with advance parole do not trigger the 3 and 10 year unlawful presence bars.

look up, Board of Immigration Appeals (BIA) matter of Arrabally Yerrabelly, 25 I&N Dec. 771 (BIA 2012)

Won't be the last time I am worng, but if I have not looked up this case what makes you think a typical CBP employee knows about this. Maybe in a couple of years this will be true, but for now the case law is new and the USCIS may or may not apply it the same in all cases. That really does not help the OP when standing in line at a POE and the CBP employee says, "I see you have more than 180 days of unauthorized (illegal) stay. I am sorry, but you are inadmissiable to the US at this time and you have been barred from entering the US for the next 3 years. Please wait right here." Then the OP is escorted to secondary and signs a form and has all this explained again and then the OP is placed on the next plane back to his home country. Not a risk I would be willing to take and hence the reason for my advice for simple orginary travel. For an emergency, I would still think long and hard about leaving the country without the GC, but that is me.

Dave