How much chance do I have?

[M&JB 80]

Hi, all. Just have a few questions. I am currently on my AOS application. I filed July 8. Received RFIE October 5th about income doesn’t meet the guideline. I have found a joint sponsor ( mom’s cousin ), but he wouldn’t give me his documents until around Nov 6th when we come to their house ( we never met ). So possibly I will be able to submit my initial evidence around that time so USCIS won’t get it until say, 3rd week of Nov, since there’s a lot of holidays coming. I know there’s some topics of this in the forum but I wanna hear from people who recently just traveled using AP. Questions:

 

1. How much chance do I have that I will receive my EAD/AP by April? I am not really sure if the RfIE reset my clock.

 

2. How much chance do I have that my GC will be approved by April?

 

3. If I don’t have my GC by April, how much chance do I have on traveling with only AP? Will I be question at the airport? I was out of status for 3 years and 11 months before I filed for AOS.

 

4. How long can I stay outside the US with only AP? This is my first time coming home since 2013.

 

My sister just told me she is getting married in April. 

 

TIA for all the answers!

[.yana 586]

I don't think anyone can answer your questions with certainty, however I do think you'll be able to get your AP/EAD before April. But there is no way to tell when you will have your GC interview: some people wait only few months to get a notice, while others (myself included) had to wait for a year.

As far as traveling with AP after an overstay - I was very strongly advised by my lawyer to not even apply for it because it is very risky, and I most likely would not be allowed back in the country even with AP (I was out of status for 5 years). But at the same time - I did see several people posting on this forum who had no problem traveling with the same background, so I guess it's just a chance you're willing to take.

Good luck!

[Sunnyland 639]

I would be very careful with leaving the country with your AP and especially for being out of status for so long before AOS. The RFE will delay things a little but try to send them the requested documents ASAP.

I'm pretty sure you will get the AP by April and they probably will question you at POE, in particular about your out of status thing.  In 2012  I traveled back to my home country to visit family (I never was out of status) and the immigration officer lady, at secondary room,  gave me all kind of questions why did I go back to my country.  She almost did not allow me back. That's my experience but others been more lucky. 

 

[little immigrant 800]

The secondary questioning is a sure thing on AP from what I read during my research. I got into secondary questioning too when I came back from Germany because I accidently showed the second person my passport instead of my green card. They asked questions about my (then-) husband and why I went back to Germany and all other kinds of questions. But he let me back in without an issue. If you do decide to travel, be prepared to book a flight with a enough layover time and for secondary questioning. I went through Atlanta and had 3 hours of layover which was more than enough time.

[mr-mrs-hdc 23]

Hi!,

 

if you were out of status. Unfortunately I would recommend not leaving the country until you have your green card. 

 

The advanced parole is suppose to parole you back into the United States. Many people who have over stayed visa’s have successfully been paroled back into the US. However, you will ultimately always be putting yourself at risk for being denied entry even though you have the AP. It is always a small risk that it could happen.

 

I believe many lawyers always recommend that beneficiaries that have overstayed their visa even though they have their AP that they do not leave the country until their AOS is processed and approved.

 

Obviously if this is a dire emergency you will have to weigh the pros/cons.

 

I hope this was helpful 

[geowrian 22,336]

4 hours ago, mr-mrs-hdc said:

I believe many lawyers always recommend that beneficiaries that have overstayed their visa even though they have their AP that they do not leave the country until their AOS is processed and approved.

To be fair, I believe most recommend that even if you didn't overstay. Re-entering with AP (with a clean record and such still) isn't a large risk and should be fine, but there's always a chance you won't be let back in. Or that AOS will be denied for whatever reason while abroad, and then the AP is void and you can't enter.

 

I'm unaware of any reason that having a previous overstay would impact the process.

[mr-mrs-hdc 23]

9 hours ago, geowrian said:

To be fair, I believe most recommend that even if you didn't overstay. Re-entering with AP (with a clean record and such still) isn't a large risk and should be fine, but there's always a chance you won't be let back in. Or that AOS will be denied for whatever reason while abroad, and then the AP is void and you can't enter.

 

I'm unaware of any reason that having a previous overstay would impact the process.

 

In all honesty the reason that it may impact the process is because you are allowing an IO to interpret your entry / exit history while on AP. It is still a 'privilege' to be paroled back into the US. It is not the beneficiaries 'right' to be allowed back in. So if you have overstayed your visa this could impact the IO's decision while you are trying to enter back into the United states.

 

That is why I would advise anyone who has an AP and has overstayed their visa to remain inside of the United States until they have their green card. 

 

Once you have the green card your past visa over stay issues should be dissolved since you are now a permanent resident of the US. 

[geowrian 22,336]

6 hours ago, mr-mrs-hdc said:

In all honesty the reason that it may impact the process is because you are allowing an IO to interpret your entry / exit history while on AP. It is still a 'privilege' to be paroled back into the US. It is not the beneficiaries 'right' to be allowed back in. So if you have overstayed your visa this could impact the IO's decision while you are trying to enter back into the United states.

Yes, as I stated above, there's always a risk in traveling on AP. Entry is only guaranteed for USCs. However, I still fail to see how a past overstay would be factored into the decision given that USCIS granted the AP after the overstay and no days of unlawful presence have accumulated since that benefit was issued. The CBP officer would basically be having to overrule USCIS's IO based on past conduct that was already disclosed.