Announcement

Collapse
No announcement yet.

Is this considered overstay of visa? Implications for AP?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is this considered overstay of visa? Implications for AP?

    Hi -

    My fiance (USC) and I (European) will marry next week and thereafter
    (mid August) will file for AOS. My L1-visa does not expire until Jan/2003,
    but I need to get a temporary work authorization as I am planning to leave
    my current employer and work with another company. I understand this
    should take about 2 to 3 months ... which will put me to November to be
    eligible to work for a new company.

    Fine - yet I am very concerned about not being allowed back into the US when
    I leave the country within the approx. 2 years that AOS is pending. I will need to
    travel to Europe for business reasons. In this forum, I have read that usually re-entry
    is (only) a problem when overstay of visa occurs. Would this be the case in my situation?
    Since I will not be out-of-status at the time when I marry and file for AOS I am hoping
    I am not considered as out-of-status when it comes to re-entry. Or does INS see me
    out-of-status once L-1 visa ends (which I believe happens once I end my current employment,
    correct?) and during the whole time until AOS approval? What is my status during this time
    that AOS is pending, but I do have temporary GC and AP?

    I appreciate any advice or sharing of experience. I am eager to do the right (read: legal)
    thing and want to believe that there is a way to have US let me re-enter if I follow
    certain regulations. I cannot afford not to travel for 2 years (again, there are business reasons
    as well) and would like to understand what I have to do to that adhering to all laws.

    FYI - I will most likely work as self-employed in my new job (if this makes a difference).

    Thanks so much for your help and feedback.

  • #2
    Hi -

    My fiance (USC) and I (European) will marry next week and thereafter
    (mid August) will file for AOS. My L1-visa does not expire until Jan/2003,
    but I need to get a temporary work authorization as I am planning to leave
    my current employer and work with another company. I understand this
    should take about 2 to 3 months ... which will put me to November to be
    eligible to work for a new company.

    Fine - yet I am very concerned about not being allowed back into the US when
    I leave the country within the approx. 2 years that AOS is pending. I will need to
    travel to Europe for business reasons. In this forum, I have read that usually re-entry
    is (only) a problem when overstay of visa occurs. Would this be the case in my situation?
    Since I will not be out-of-status at the time when I marry and file for AOS I am hoping
    I am not considered as out-of-status when it comes to re-entry. Or does INS see me
    out-of-status once L-1 visa ends (which I believe happens once I end my current employment,
    correct?) and during the whole time until AOS approval? What is my status during this time
    that AOS is pending, but I do have temporary GC and AP?

    I appreciate any advice or sharing of experience. I am eager to do the right (read: legal)
    thing and want to believe that there is a way to have US let me re-enter if I follow
    certain regulations. I cannot afford not to travel for 2 years (again, there are business reasons
    as well) and would like to understand what I have to do to that adhering to all laws.

    FYI - I will most likely work as self-employed in my new job (if this makes a difference).

    Thanks so much for your help and feedback.

    Comment


    • #3
      When you apply for AOS, you will also submit applications (if you want to, of course) for a temporary work authorization until you get your green card. This takes about 3 months. You can also apply for advance parole, which will allow you to travel outside the US until you get your green card. Your lawyer should have informed you about this.

      Comment


      • #4
        If you file before your L visa expires, you're not going to be out of status at all. Your petition is pending and your status will be just that, you have a petition filed.

        Once your petition is filed you can travel with the AP. Then you'll get your conditional green card and you can travel with that without the AP.

        Comment


        • #5
          Thank you, Marie. This helps a lot. INS makes re-entry approval appear so random
          (when I asked them, they basically said there is just no guarantee). I understand
          that given the times, they want to be careful with the statements they make
          (and rightfully so) - but it makes their info so unreliable / non-competent for 'good citizen' -
          if you know what I mean.

          Well, but given your info ... I have a much better feeling about not running into any
          trouble about re-entry.

          THANK YOU.

          Comment


          • #6
            I do want to stress that an AP is NOT a guarantee back in the country. They can refuse entry, even if you haven't overstayed.

            The safest thing would be to wait until you get your conditional green card, probably a year to 18 months after filing.

            Comment



            Working...
            X