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OK to Use AP, Considering 3-Year Overstay? [split topic]

By ros88 in Working & Traveling During US Immigration

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ros88 Explorer

ros88   12

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

I'm sorry but you're wrong. Doesn't matter what visa you came in on. What DOES matter is how much overstay you have.

I overstay for three years.

Im waiting for my interview date and i have my advance parole.

I need to leave in august.

Anyone has experience using advance parole after a Overstay?????????????????????

Thank you so much for your help

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

I overstay for three years.

Im waiting for my interview date and i have my advance parole.

I need to leave in august.

Anyone has experience using advance parole after a Overstay?????????????????????

Thank you so much for your help

The Matter of Arrabally decision in 2012 (a BIA precedent decision) says that leaving on Advance Parole does not trigger the unlawful presence ban if you have no other inadmissibilities.

One of the memos as part of Obama's immigration announcement last November also affirmed that they will write guidance to follow this decision across the Department. (Don't know if they've actually written guidance or not.)

But of course, there's risk. I am not sure how much recourse you have if they do deny you entry.

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TBoneTX Grand Master

TBoneTX   43,057

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The above were split from an old, now-closed thread in the AOS/Marriage-Based main forum.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 2 weeks later...
ros88 Explorer

ros88   12

Posted
Filed: Lift. Cond. (apr) Timeline
  • Author
Posted

Hi everybody,

i need some advice but please don't start saying something like you waited for long time why not wait anymore…etc… THANK YOU!

So i came in Us with Esta 3 years ago, got married with a US citizen in March and sent my paper in May.

I just got my EAD combo card for work and advance parole and my i-485 is ready to be scheduled for an interview .

So everything is going very well,my only problem is this …i need to go to italy next week i miss my family so much and i cannot wait anymore.

My husband is coming with me,I'm going to use advance parole…i read a lot about a risk to travel with advance parole after a overstayed but most of people came back with any problem…i also talked with a lawyer that also told me should be ok ,you have your travel permission and you are with your spouse should be fine…because you are not a criminal etc…. they have big fish to catch etc...

anyway I'm a little bit afraid of course ,i want to go but i don't want to be separate from my husband when we will back…so

anybody in my situation have used advance parole to travel?????

anyadvice???

THANK YOU SO MUCH !!!!!!:)

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TBoneTX Grand Master

TBoneTX   43,057

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from General Immigration Discussion forum to the Working & Traveling forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Toy Enthusiast

Toy   18

Posted
Filed: AOS (pnd) Timeline
Posted

AP already carries a risk of refusal in entry even in normal conditions

06/24/2015 - Package received
06/29/2015 - fingerprint fee accepted.
06/30/2015 - Received text & e-confirmation of NOA. Case received & routed to USCIS National Benefits Center
07/06/2015 - NOA1 received.

07/13/2015 - Biometric letter arrived mail box. Date 07/24/2015

07/24/2015 - Biometric done. One month mark

08/29/2015 - EAD approved

09/03/2015 - EAD card mailed

09/04/2015 - EAD approval mail in mail box

09/08/2015 - EAD card received.

09/09/2015 - Applied for SSN.

09/15/2015 - Got my SSN in the mail

04/14/2015 - Update online: Your interview has been scheduled for 05/19

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milimelo Veteran

milimelo   4,194

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted

With that long overstay you won't be coming back on AP, you'll have to start the process again and get an immigrant visa at a US consulate in Italy.

Under your circumstances, I would NOT be going anywhere without a Green Card in hand.

ROC 2009
Naturalization 2010

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Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Hi everybody,

i need some advice but please don't start saying something like you waited for long time why not wait anymore…etc… THANK YOU!

anyway I'm a little bit afraid of course ,i want to go but i don't want to be separate from my husband when we will back…so

Sorry, but you have waited this long, you will have to wait a bit longer if the second part of your post is to come true. If you leave now before getting the GC, you and your husband will be separated for approximately 1 year while you wait for a spousal visa to re-enter the US. I would play it safe IMHO. All those telling you that it will be fine have no dog in tis fight and will not suffer the consequences--only you and your husband will be impacted.

Up to you and how much risk you are willing to accept compared to the reward.

Dave

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ros88 Explorer

ros88   12

Posted
Filed: Lift. Cond. (apr) Timeline
  • Author
Posted

Sorry, but you have waited this long, you will have to wait a bit longer if the second part of your post is to come true. If you leave now before getting the GC, you and your husband will be separated for approximately 1 year while you wait for a spousal visa to re-enter the US. I would play it safe IMHO. All those telling you that it will be fine have no dog in tis fight and will not suffer the consequences--only you and your husband will be impacted.

Up to you and how much risk you are willing to accept compared to the reward.

Dave

But are u talking about experience of somebody else or just like this?

i NEED SOMEBODY ELSE EXPERIENCE PLEASE USING ADVANCE PAROLE AFTER A OVERSTAYED

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TBoneTX Grand Master

TBoneTX   43,057

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

A quote without a reply has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   43,057

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Similar threads have been merged, and a hijack post removed from a 3-year-old thread.

OP, you're to post no more questions about this matter except in THIS thread. If any outside posts or threads are found, you'll be subject to Terms of Service penalties for spamming the forums.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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ros88 Explorer

ros88   12

Posted
Filed: Lift. Cond. (apr) Timeline
  • Author
Posted

Sorry, but you have waited this long, you will have to wait a bit longer if the second part of your post is to come true. If you leave now before getting the GC, you and your husband will be separated for approximately 1 year while you wait for a spousal visa to re-enter the US. I would play it safe IMHO. All those telling you that it will be fine have no dog in tis fight and will not suffer the consequences--only you and your husband will be impacted.

Up to you and how much risk you are willing to accept compared to the reward.

Dave

Just talked with U.S Customs and Border Protection.

They say as long i have my combo card and my approval notice everything is going to be fine. You will be back!

Great new!!!!!!!! :)))))

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  • 1 month later...
ros88 Explorer

ros88   12

Posted
Filed: Lift. Cond. (apr) Timeline
  • Author
Posted

I finally decide to go to Italy for one month,i left august 8…..

i just got back yesterday with my advance parole...

no trouble AT ALL !!!!!!!!!!

iM AT home with my husband after having the best month of our life in Italy!

Good luck everybody and don't be scared!!!!!

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Idy Fdez Enthusiast

Idy Fdez   34

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hi everybody,

i need some advice but please don't start saying something like you waited for long time why not wait anymore…etc… THANK YOU!

So i came in Us with Esta 3 years ago, got married with a US citizen in March and sent my paper in May.

I just got my EAD combo card for work and advance parole and my i-485 is ready to be scheduled for an interview .

So everything is going very well,my only problem is this …i need to go to italy next week i miss my family so much and i cannot wait anymore.

My husband is coming with me,I'm going to use advance parole…i read a lot about a risk to travel with advance parole after a overstayed but most of people came back with any problem…i also talked with a lawyer that also told me should be ok ,you have your travel permission and you are with your spouse should be fine…because you are not a criminal etc…. they have big fish to catch etc...

anyway I'm a little bit afraid of course ,i want to go but i don't want to be separate from my husband when we will back…so

anybody in my situation have used advance parole to travel?????

anyadvice???

THANK YOU SO MUCH !!!!!! :)

Hi!!

I understand you may feel homesick. However if I were you, call your relatives using skype or facetime or any other thing that you can see them, maybe this will help a little but Do not go without a green card!! you are risking too much!! if you have to stay out and wait for the embassy... this might take a lot of time!

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