Advance Parole or go back and start apllication abroad ?

[jemps 0]

Hi, i entered the USA legally with the visa waiver 90 day program on the 9th of May last year, and during the following months my partner and i decided to get married, which we did on the 26th of July. Since then i have been getting my I485 package together, this being delayed for various reasons. My intention was to send in my application for residency in before i had been out of status for 6 months ( by February 6th) thinking this would make it easier to go back to England with advance parole to see my mother (who is not well) in April when i may be would get the permission to leave possible. I had my first medical exam yesterday and in the evening investigating on the computer began to seriously doubt my plan after reading that leaving after staying over 6 months out of status means 3 year ban and i would need to apply for a waiver for that too. So now i am thinking should i abandon my application here, go back after 5 month overstay and apply from here or go ahead with advance parole, to stay here right through my application i know would be best for it, however my mother has a heart condition and needs to see me and have some support in her life as soon as i can.

Please any help or ideas would be welcome,

thanks

Edited January 7, 2016 by jemps

[Pitaya 2,577]

~Moved from Fam.-based AOS to WSTourist-based AOS Forum~

~adjusting from VWP~

[newacct 688]

Hi, i entered the USA legally with the visa waiver 90 day program on the 9th of May last year, and during the following months my partner and i decided to get married, which we did on the 26th of July. Since then i have been getting my I485 package together, this being delayed for various reasons. My intention was to send in my application for residency in before i had been out of status for 6 months ( by February 6th) thinking this would make it easier to go back to England with advance parole to see my mother (who is not well) in April when i may be would get the permission to leave possible. I had my first medical exam yesterday and in the evening investigating on the computer began to seriously doubt my plan after reading that leaving after staying over 6 months out of status means 3 year ban and i would need to apply for a waiver for that too. So now i am thinking should i abandon my application here, go back after 5 month overstay and apply from here or go ahead with advance parole, to stay here right through my application i know would be best for it, however my mother has a heart condition and needs to see me and have some support in her life as soon as i can.

Please any help or ideas would be welcome,

thanks

According to Matter of Arrabally (2012), when you leave with AP and re-enter with AP, that does not count as a departure for triggering unlawful presence bans, if you have no other bans. Many people have reported that they left and re-entered with AP with lots of unlawful presence and had no problems. Also, while I-485 is pending, unlawful presence does not accrue, so if it is filed before you have 6 months of unlawful presence, you will never even have 6 months of unlawful presence to worry about in the first place.

p.s. Regular Advance Parole takes almost 3 months to get. If your mother is ill you should try to get Emergency AP as soon as you get your I-485 application number.

[jemps 0]

Hi newacct , thank you so much for the information you gave me , i feel much more at peace now. My mother is not seriously ill, however i must return in the not to distant future to give her care and support, if her condition deteriorates i will follow the advice you gave me thank you.

best wishes

[Starkilla09 366]

Send in your adjustment of status application as soon as you can if you're concerned about unlawful presence and you'll automatically get back on lawful status the moment USCIS receives it while pending adjudication. AP takes 60 to 90 days to receive, and besides you'll still be able to use AP without triggering any ban even if you were unlawfully present for 100 years now because of matter of Arrabally. There's a forum here on countless number of people who used AP after years of unlawful presence and got paroled back in without any hassle apart from being pulled to secondary inspection for AP to be verified.