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Advance Parole for wife, entered legally and overstayed waiting i-130

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  • Advance Parole for wife, entered legally and overstayed waiting i-130

    I am a green card holder since 2000.
    My wife entered US legally with a B2 Visa 3 years ago.
    We got married before her turist visa expired,
    and we filed the I-130 before she overstayed.
    We have been waiting since then.
    On April I will have the Oath ceremony to become a US citizen.
    Once I become a citizen will file a new I-130 and I-485 in Chicago.

    Since she stayed in US after the turist visa expired, however she was waiting
    for an answer on the I-130 and she entered legally,

    Can she apply for Advance Parole so she can travel aboard ?
    Does her "waiting on answer of I-130" excepmt her from the 10 year ban if she leaves the country ?

  • #2
    I am a green card holder since 2000.
    My wife entered US legally with a B2 Visa 3 years ago.
    We got married before her turist visa expired,
    and we filed the I-130 before she overstayed.
    We have been waiting since then.
    On April I will have the Oath ceremony to become a US citizen.
    Once I become a citizen will file a new I-130 and I-485 in Chicago.

    Since she stayed in US after the turist visa expired, however she was waiting
    for an answer on the I-130 and she entered legally,

    Can she apply for Advance Parole so she can travel aboard ?
    Does her "waiting on answer of I-130" excepmt her from the 10 year ban if she leaves the country ?

    Comment


    • #3
      The short answer is that no, she cannot travel without triggering the 10 year bar.

      Comment


      • #4
        The overstay is not an issue for the immediate relative of a citizen when it comes to obtaining LPR status through AOS. However, the overstay could trigger the 3/10 year ban if she leaves the country so advance parole may not be an option.
        You should consult with an attorney if you need legal help. This is not legal advice.

        Comment

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