Traveling with an AP (with previous B2 overstay)

[pinkpaws 5]

I adjusted from a B2 (I overstayed my visa by 6 months before adjusting) through marriage to a USC. My question is would I be able to travel back to my home country for a visit (about 30 days) and return to the US without any issues? I understand that entry is at the discretion of the CBP official, but would the overstay be a cause to deny entry in the first place? Or was the overstay "forgiven" once AOS was filed?

 

Thank you!

[bakphx1 785]

Once you have a new Visa it is valid. The CBP doesn't second-guess if you should have one. You shouldn't be refused entry based on any prior Visa. That is all taken into account when issuing a new visa. If you weren't admissible, you wouldn't get a new Visa. 

Edited May 22, 2018 by bakphx1

[geowrian 22,336]

Every entry of a non US citizen is at the discretion of CBP. That said, unless there is a reason that CBP believes AP was issued in error or that something makes you inadmissible since AP was approved, there shouldn't be a reason for them to have any issue.

[Queenrey 1]

If you came in with b1-b2, you can't travel with the Visa. Because you have overstayed. If you go out without your green card or parole, you won't be able to return to the State. So better know that. You will be issued a travel documents and authorization to go back and forth without so, if you succeed from leaving here, honey you can't return back with the b2 visa you got. Am from Africa and I know all of this. So just be patient and soon you will be able to go as much as you want. My candid advise

[pinkpaws 5]

21 minutes ago, Queenrey said:

If you came in with b1-b2, you can't travel with the Visa. Because you have overstayed. If you go out without your green card or parole, you won't be able to return to the State. So better know that. You will be issued a travel documents and authorization to go back and forth without so, if you succeed from leaving here, honey you can't return back with the b2 visa you got. Am from Africa and I know all of this. So just be patient and soon you will be able to go as much as you want. My candid advise

Yes, I am aware that I won't be able to return to the US using my B2 visa since it was automatically canceled with the overstay. I do have my AP card though and my question was if I was able to return to the US (with no issues), given that I overstated my B2 visa.

 

 

[Ohlala 5]

On 5/21/2018 at 7:12 PM, pinkpaws said:

I adjusted from a B2 (I overstayed my visa by 6 months before adjusting) through marriage to a USC. My question is would I be able to travel back to my home country for a visit (about 30 days) and return to the US without any issues? I understand that entry is at the discretion of the CBP official, but would the overstay be a cause to deny entry in the first place? Or was the overstay "forgiven" once AOS was filed?

 

Thank you!

I  overstayed H1-B for 21 days between jobs after I got laid off from a job. I just entered San Francisco CBP with AP without any problems. I went through the Secondary inspection and didn't get asked any questions by CBP officers. I even brought our marriage certificate, my husband's birth certificate, and all receipts. They didn't checked any of them. I did consult with my immigration attorney before I left the country. My attorney said as long as I have valid AP, I can come back to States. If I ever get rejected entry, I can ask for parole for deferred inspection to enter the country and provide additional info later. Good luck!

[Teemo 252]

On 5/21/2018 at 10:31 PM, geowrian said:

Every entry of a non US citizen is at the discretion of CBP. That said, unless there is a reason that CBP believes AP was issued in error or that something makes you inadmissible since AP was approved, there shouldn't be a reason for them to have any issue.

Correct. As per Matter of Arabally, this is settled law and you are not "departing" and therefore the ban does not come into play. you are fine to travel and re-enter with AP, although CBP is entitled to its routine inspection of you