aos help needed

[skozri 0]

hello everyone

my wife(citizen) and i got married recently,we about to file the paperwork in two days,the problem comes here i need to leave for some emergency on aug 31 and i'm not sure if i will be able to make it to the interview(my b1 visa is expired),if i reschedule the interview the will let me back in? if i leave the country would they let me back in? what can i do to make it faster? what can i do to leave and come back?

anyone with valuable information please help

thank you guys

[NancyNguyen 1,657]

You need to file I-131 Advance Parole to get back in after you leave the US, but it is not 100% guaranteed they will let you in with Advance Parole. You can expedite an I-131 with a persuasive explanation. Good luck.

[Pitaya 2,576]

~two duplicate threads removed~

~please refrain from multiple posting of same topic~

[belinda63 2,981]

If you leave prior to having advance parole (AP) in your hands your AOS application will be considered abandoned. You might get lucky and receive your AP prior to leaving or you can try an info pass appointment to have it expedited by there are no guarantees.

[skozri 0]

thanks guys

but i've been told that i cant ask for AP because my I-94 was expired

i hears few people that left for emergencies and came back,its possible?

Edited June 7, 2014 by skozri

[Mollie09 1,543]

thanks guys

but i've been told that i cant ask for AP because my I-94 was expired

i hears few people that left for emergencies and came back,its possible?

Unfortunately no, if you leave before you receive AP, you won't be able to come back in and you'll have to start the process over again at the nearest consulate. Also, if you accrued illegal presence and leave before your status is adjusted, you may be barred from the US and have to apply for a waiver.

Stay until the process is completed if at all possible.

Edit: you heard of people that left and came back because they received AP for their emergency. You stated you're not eligible, so that's not a path for you.

Also, you cannot schedule your interview earlier, you can only postpone it.

Good luck!

Edited June 7, 2014 by F1H1I130

[skozri 0]

but the the thing is if i can get AP with expired I-94?

thanks guys

[NancyNguyen 1,657]

but the the thing is if i can get AP with expired I-94?

thanks guys

Yes you can, but AP doesn't guarantee your re-entry, it is up to your choice.

[skozri 0]

thanks nancy

[Harpa Timsah 13,258]

How long has your I-94 been expired? How can you have an expected emergency coming in a few months?

[skozri 0]

more than a year

its a surgery that one of my family member need to have and i just been notified i need to be there for him

if i get AP and EAD before the time i need to leave would i be able to re-enter (by legal law)?

[Harpa Timsah 13,258]

It depends on how long you overstayed for, or your appetite to test legal precedents. You probably won't be expedited for that and won't get the AP in time. That is less than 3 months away. Sorry.

[christophec 16]

You need to stay because you overstay and advance parole won't arrive in time. If you leave, you won't be able to enter

Edited June 8, 2014 by christophec

[Hypnos 6,576]

If you leave without AP it's certain you won't be readmitted and your application will be abandoned.

If you leave with AP you may be readmitted depending on how familiar CBP is with Matter of Arrabally and Yerrabelly.

Edited June 8, 2014 by Hypnos

[Aaron and Marina 24]

What is this talk about possbibly not being readmitted with an AP? My wife has an EAD/AP combo card (and a current Air Force Dependant ID card). I thought this was the entire reason behind the AP...to leave and reenter legally and with no problems? Under what circumstances would someone not be readmitted? It can't be as random and unpredictible as it sounds...