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Overstay 1 year vs 10-20-25 years

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Hello. When doing AOS. Does it matter if someone had Overstayed 1 year or say 10-10-25 years? After 1 year. If the person departs USA. It is still a 10 year ban but no ban is issue if the beneficiary is able to adjust in USA.

 

Does the time of Overstay matter to IO's when deciding to approve or deny an AOS application?

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1 hour ago, Visitor User said:

Hello. When doing AOS. Does it matter if someone had Overstayed 1 year or say 10-10-25 years? After 1 year. If the person departs USA. It is still a 10 year ban but no ban is issue if the beneficiary is able to adjust in USA.

 

Does the time of Overstay matter to IO's when deciding to approve or deny an AOS application?

For 245(i) cases its not an issue as long as you don't leave the US before AOS is filed (so travel with AOS AP is generally ok): https://www.uscis.gov/greencard/life-act-245i-adjustment "Adjustment of Status Under Section 245(i) of the INA and LIFE Act Provisions" tab

For other cases it depends if they are exempt from certain bars. If they aren't exempt, then the following bars apply: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter2.html#S-F

Edited by lummo

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3 hours ago, lummo said:

For 245(i) cases its not an issue as long as you don't leave the US before AOS is filed (so travel with AOS AP is generally ok): https://www.uscis.gov/greencard/life-act-245i-adjustment "Adjustment of Status Under Section 245(i) of the INA and LIFE Act Provisions" tab

For other cases it depends if they are exempt from certain bars. If they aren't exempt, then the following bars apply: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter2.html#S-F

Technically, someone under 245i can get approved for AP while AOS is pending? 

 

If the beneficiary leaves USA while AOS is pending then still can’t return before 10 years since they were Overstay?

15 minutes ago, aleful said:

hi

 

no, it doesn't matter as long as they entered legally in the US and hasn't been deported

 

this is for a spousal visa, right?

 

 

Not spousal Visa.

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hi

 

then who is the beneficiary?

 

if it an immediate relative such as  a parent or child of a USC, and entered legally, there is no need for the 245i law

 

we need more information about the case

 

 

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1 hour ago, aleful said:

hi

 

then who is the beneficiary?

 

if it an immediate relative such as  a parent or child of a USC, and entered legally, there is no need for the 245i law

 

we need more information about the case

 

 

Unmarried son 21+. F1 category first preference. Petitioner USC Mother. Approved I-130. 

 

245i qualified. Petition filed or or before 4/30/01 (ETA 750 Labor Certification).

Edited by Visitor User

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4 hours ago, Visitor User said:

Technically, someone under 245i can get approved for AP while AOS is pending? 

 

If the beneficiary leaves USA while AOS is pending then still can’t return before 10 years since they were Overstay?

Yes, AP can be approved. Re-entry is still at the discretion of CBP. USCIS includes the following piece of paper with EAD/AP combo cards:

1765.jpg

EPSON011.jpg

Edited by lummo

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7 hours ago, lummo said:

Yes, AP can be approved. Re-entry is still at the discretion of CBP. USCIS includes the following piece of paper with EAD/AP combo cards:

1765.jpg

EPSON011.jpg

Why would someone risk AP knowing a denial can result being stuck outside of USA for 10 years?

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On 12/28/2018 at 5:12 PM, Visitor User said:

Why would someone risk AP knowing a denial can result being stuck outside of USA for 10 years?

Some people (who later come on VJ to ask for advice on how to proceed) leave without AP due to a family emergency and then get stuck abroad.

There was a thread last year or so where the beneficiary got stuck in their home country because they suddenly left to care for a very sick parent, if I remember correctly.  They knew they should have applied for AP first, but didn't want to wait out the processing time....was turned back around at the border.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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8 hours ago, Going through said:

Some people (who later come on VJ to ask for advice on how to proceed) leave without AP due to a family emergency and then get stuck abroad.

There was a thread last year or so where the beneficiary got stuck in their home country because they suddenly left to care for a very sick parent, if I remember correctly.  They knew they should have applied for AP first, but didn't want to wait out the processing time....was turned back around at the border.

Did they get in later?

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Posted (edited)
12 minutes ago, Visitor User said:

Did they get in later?

They are currently waiting out their ban in their home country.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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