I applied for advance parole I-131, but I need to travel in the immediate future. What should I do if my advance parole application is still pending?

[HRQX 4,145]

3 minutes ago, Crazy Cat said:

How does abandonment affect the accrual of unlawful presence?

https://fam.state.gov/fam/09FAM/09FAM030211.html "DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include ... For individuals who have properly filed an application for adjustment of status to LPR, the entire processing period of the application, even if the application is subsequently denied or abandoned, provided the individual (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)"

Edited January 4, 2022 by HRQX

[Crazy Cat 39,729]

1 minute ago, HRQX said:

https://fam.state.gov/fam/09FAM/09FAM030211.html "DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include ... For individuals who have properly filed an application for adjustment of status to LPR, the entire processing period of the application, even if the application is subsequently denied or abandoned, provided the individual (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)"

OK.  Thanks.  That's pretty clear.  

[ManSat 0]

12 minutes ago, HRQX said:

When was the I-485 filed? If it was filed before the I-94 expired then you still haven't accrued unlawful presence since a properly filed I-485 results in being in a "period of stay authorized by the Secretary of Homeland Security." https://fam.state.gov/fam/09FAM/09FAM030211.html

You can use the already filed I-130 petition for consular processing. The petitioner should request that USCIS switch the pending petition from AOS to consular processing.

 

At NVC you would follow these steps: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

it was filed before the I-94 expires

[Crazy Cat 39,729]

Just now, ManSat said:

it was filed before the I-94 expires

Looks like you are OK as far as any bar for unlawful presence.

[ManSat 0]

8 minutes ago, HRQX said:

https://fam.state.gov/fam/09FAM/09FAM030211.html "DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include ... For individuals who have properly filed an application for adjustment of status to LPR, the entire processing period of the application, even if the application is subsequently denied or abandoned, provided the individual (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)"

awesome! because I filed duirng my 6 motnhs legal stay of the B2, so this means even if I travel abroad before receving the advance parole (abandonment) I do not trigger a bar and I can apply from the consulate abraod for I-485 i.e. I will not eb considered overstayign my visa? So the visa is not void?

2 minutes ago, Crazy Cat said:

Looks like you are OK as far as any bar for unlawful presence.

and the B1/B2 visa?

[Timona 3,972]

1 hour ago, Crazy Cat said:

If you have accrued 180 days (6 months) of unlawful presence when you depart the US, then yes.  Of course, you know that the visa is now voided. 

 

OP is at 10 months....though I see from @HRQX, he won't be facing any unlawful accruals. 

[Timona 3,972]

1 hour ago, ManSat said:

My wife was pregnant and she came back to US to give birth here and be with her family, also there was lock down and everyone workign remotely, suddenly the lock down lifted after I filed.

 

1 hour ago, ManSat said:

The question is if I go back and start again from my own country, will I be hit by a 3 year bar? Because my business stay was for 6 months, today I am 10 months in the US (like 4 months overstay)?

 

I think it's safe to say you came to tour 🤷🏽‍♂️ as you did not come for any business related stuff...but the visa you got serves both purpose anyways 

[HRQX 4,145]

13 minutes ago, ManSat said:

and the B1/B2 visa?

The NIV is void per INA 222(g). The part I had cited is limited to the context of accrual of unlawful presence for the time bars.

Edited January 4, 2022 by HRQX

[aaron2020 11,651]

8 minutes ago, ManSat said:

awesome! because I filed duirng my 6 motnhs legal stay of the B2, so this means even if I travel abroad before receving the advance parole (abandonment) I do not trigger a bar and I can apply from the consulate abraod for I-485 i.e. I will not eb considered overstayign my visa? So the visa is not void?

and the B1/B2 visa?

You would need to file an I824 to transfer the case from AOS to consular processing.  Expect that to take a long while.

You would not apply abroad for an I-485.  You will need to file an DS-260.

 

You would not have any days of unlawful presence.

Your B1/B2 is toast.  You overstayed the I-94.  You filed to AOS as an immigrant.  A B1.B2 requires you to have non-immigrant intent when you enter the US.  You're not going to be able to do that after filing for AOS.

 

Emergency AP is your only option - and it's discretionary.  So maybe, maybe not.  Worth a shot.

 

If you can't get Emergency AP, then your options are to leave before AP and abandon the AOS and apply for an immigrant visa which will take 1-2 years or wait until you get your AP and leave.  

[Crazy Cat 39,729]

Just now, HRQX said:

The NIV is void per INA 222(g). The part I had cited was limited to the context of accrual of unlawful presence for the time bars.

That was my suspicion.  Thanks for the clarification.

[ManSat 0]

1 minute ago, HRQX said:

The NIV is void per INA 222(g). The part I had cited is limited to the context of accrual of unlawful presence for the time bars.

understood - so if I stay even for 6 months beyond my 6 months visa (so total 12 months) and I have not received my advance parole yet, adn I decide to leave, I will not be hit by a bar because all the extra 6 months while I am awating my I-485/I-130 processing is lawful presence?

[aaron2020 11,651]

2 minutes ago, ManSat said:

understood - so if I stay even for 6 months beyond my 6 months visa (so total 12 months) and I have not received my advance parole yet, adn I decide to leave, I will not be hit by a bar because all the extra 6 months while I am awating my I-485/I-130 processing is lawful presence?

No bar.

 

You will need an immigrant visa to enter the US.  No way around this.

[ManSat 0]

2 minutes ago, aaron2020 said:

No bar.

 

You will need an immigrant visa to enter the US.  No way around this.

thank you - what if a US client needed to meet me in the USA and provided offical letters, can I apply for a B1/B2 visa again for just this purpose? or they will see I had before an immigrant application and reject my business visa?

[aaron2020 11,651]

Just now, ManSat said:

thank you - what if a US client needed to meet me in the USA and provided offical letters, can I apply for a B1/B2 visa again for just this purpose? or they will see I had before an immigrant application and reject my business visa?

Will not matter.  

Your ONLY option is an immigrant visa.  NO WAY AROUND THIS means NO WAY AROUND THIS.  

 

 

[Boiler 43,787]

1 minute ago, ManSat said:

thank you - what if a US client needed to meet me in the USA and provided official letters, can I apply for a B1/B2 visa again for just this purpose? or they will see I had before an immigrant application and reject my business visa?

Can you apply yes, are you likely to be successful probably not.

 

You have to decide which option is the most important. You are making it sound like your trip could be delayed.