Consequences of leaving before receiving advance parole

[cookieeater 0]

Hello everyone, I came to the United States on a K2 visa. It just so happens that I need to leave before getting the Advance Parole. I also applied for I-765, Application for Employment Authorization, I-485, Application to Register Permanent Residence or Adjust Status, I-131, Application for Travel Document.  I understand that I automatically refuse to receive Advance Parole if I leave the United States. Some write that I may be banned from entering the United States for 10 years if I leave, and I do not fully understand what legal consequences may occur. Can you tell me what happens if you leave the United States before receiving advance parole? Thank you in advance.

Edited June 3, 2021 by cookieeater

[payxibka 10,045]

13 minutes ago, cookieeater said:

Hello everyone, I came to the United States on a K2 visa. It just so happens that I need to leave before getting the Advance Parole. I also applied for I-765, Application for Employment Authorization, I-485, Application to Register Permanent Residence or Adjust Status, I-131, Application for Travel Document.  I understand that I automatically refuse to receive Advance Parole if I leave the United States. Some write that I may be banned from entering the United States for 10 years if I leave, and I do not fully understand what legal consequences may occur. Can you tell me what happens if you leave the United States before receiving advance parole? Thank you in advance.

Your i485 will be deemed abandoned.   You will need someone to petition for you to get a new visa as you will not have any permission to reenter.  

 

When did your i94 expire?

Edited June 3, 2021 by payxibka

[Just Paul 4,595]

You will get to start over at the back of the line.  If your I-94 expired then you are deemed here without authorization.  The amount of time in that status dictates the consequences.   You can ask to have the AP expedited.

[SalishSea 17,928]

36 minutes ago, cookieeater said:

Hello everyone, I came to the United States on a K2 visa. It just so happens that I need to leave before getting the Advance Parole. I also applied for I-765, Application for Employment Authorization, I-485, Application to Register Permanent Residence or Adjust Status, I-131, Application for Travel Document.  I understand that I automatically refuse to receive Advance Parole if I leave the United States. Some write that I may be banned from entering the United States for 10 years if I leave, and I do not fully understand what legal consequences may occur. Can you tell me what happens if you leave the United States before receiving advance parole? Thank you in advance.

Banned for 10 years?  No.   Please post the link to where you read this.

 

If you leave without AP with a pending AOS, you will have abandoned it, and will need to be petitioned again if you want to come back.

[cookieeater 0]

26 minutes ago, payxibka said:

Your i485 will be deemed abandoned.   You will need someone to petition for you to get a new visa as you will not have any permission to reenter.  

 

When did your i94 expire?

@payxibka my i94 expire 04 of June 2021

[aaron2020 11,651]

How old are you?

If you leave without AP, then you will automatically abandon your Adjustment of Status.  If you want to immigrate to the US, then you would need another path which may take years.  You will not have a ban of any kind if you leave without AP.  You may lose your opportunity to immigrate to the US.  

Edited June 3, 2021 by aaron2020

[cookieeater 0]

 

20 minutes ago, Paul & Mary said:

You will get to start over at the back of the line.  If your I-94 expired then you are deemed here without authorization.  The amount of time in that status dictates the consequences.   You can ask to have the AP expedited.

If I leave 2 weeks after I 94 expires, what are the consequences?

[aaron2020 11,651]

1 minute ago, cookieeater said:

 

If I leave 2 weeks after I 94 expires, what are the consequences?

You automatically abandon your AOS which means you may lose your opportunity to immigrate to the US.  You will not have a ban. 

How old are you?  What country are you from?

[Just Paul 4,595]

3 minutes ago, cookieeater said:

 

If I leave 2 weeks after I 94 expires, what are the consequences?

You are not subject to a bar.   You would be required to disclose the overstay on any subsequent applications and depending on your nationality ESTA would no longer be an option and getting a tourist visa may be hard.

Edited June 3, 2021 by Paul & Mary

[payxibka 10,045]

4 minutes ago, cookieeater said:

 

If I leave 2 weeks after I 94 expires, what are the consequences?

New visa

[Just Paul 4,595]

@payxibka is correct, you could get a new K2 within 1 year of the parents K1 being issued subject to a new medical, ds-160 and interview.   But depending on the country that can be a challenge,

[Crazy Cat 41,981]

9 minutes ago, cookieeater said:

 

If I leave 2 weeks after I 94 expires, what are the consequences?

You'll be stuck outside the US.  You can't re-enter the US without a new visa or entry document of some kind. 

[aaron2020 11,651]

1 minute ago, Paul & Mary said:

@payxibka is correct, you could get a new K2 within 1 year of the parents K1 being issued subject to a new medical, ds-160 and interview.   But depending on the country that can be a challenge,

Getting a 2nd K-2 will be incredibly difficult.

If OP turns 21, then it's going to be impossible. 

[payxibka 10,045]

2 minutes ago, Paul & Mary said:

@payxibka is correct, you could get a new K2 within 1 year of the parents K1 being issued subject to a new medical, ds-160 and interview.   But depending on the country that can be a challenge,

Would most likely depend on the reason for departure.   Unless a "death" is involved somwhere,  the chance of success are remote.

[Ontarkie 14,280]

~~Moved to Working and Traveling, from K1 P&P - the OP is already in the US entry on K2 and asking about leaving without AP.~~