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please help me-need advice!

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  • please help me-need advice!

    (I have filed AOS based on marriage to USC)
    Can anyone tell me what would happen if I traveled without my Advance Parole document, because I haven't received it by the time of my departure of emergency? Well...I know that I will not be able to return to US, but still...is it worth of taking a risk?

  • #2
    (I have filed AOS based on marriage to USC)
    Can anyone tell me what would happen if I traveled without my Advance Parole document, because I haven't received it by the time of my departure of emergency? Well...I know that I will not be able to return to US, but still...is it worth of taking a risk?

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    • #3
      Well...you already knew the answer. If you're lucky, you might get in back, if not, you have to stay and be away from your love one. So the choice is yours. If you still want to travel, you have to accept whatever consequences occurred afterwards.

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      • #4
        Dont travel unless its worth not returning to the US. How long had you overstayed your visa before seeking to adjust status? I think the bar is 3 years if you overstayed by less than 12 months and 10 years after that. So do the math.

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        • #5
          They say:"Those aliens unlawfully present in the United States for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings are inadmissible for three years; those who are unlawfully present for one year or more are inadmissible for ten years."

          Although I'm willing to depart volantarily, I haven't been unlawfully present for/over 180 days...so what about me? Would I still be inadmissible for year(s) if I decided to leave?!?

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          • #6
            When I got married, two days later my tourist visa expired. three weeks later I filed all my applications for AOS.

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            • #7
              Damn you came here on a tourist visa. I would advice you not to go out of the country. The fact you came here then married within such a short time is suspect. Do not bring attention to yourself futher by the travel.

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              • #8
                well, digging into the details then there is a story of us: being living together for 2 years in Europe, my "love" (USC) moved back to the US and I came with him as a tourist. I traveled back and forth between Europe and US until I decided to stay here. I extended my tourist visa and this way I got a chance to stay further 6 months until one day ... we got married...and few days later my visa expired. If living together with person both in Europe and in the US and who happens to be a USC (by which I didn't choose my "love") for over 3,5 years looks suspicious...then I will have to say to INS two ugly words...

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                • #9
                  Lisa, did you apply for the Advance Parole document as well with your AOS package? If so, you should receive it in about 1.5 months, and with that you will not have problems getting back in the country. I overstayed my visa for more than 2 years and just got back from a trip overseas with no problems, using Advance Parole. The officer himself at the airport told me that if one has AOS pending based on marriage to USC, they will not ban one from entering, with Advance Parole document of course.

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                  • #10
                    Lisa: if you decide to leave the US w/o the AP document, you will then need some kind of travel document in order to be readmitted to the US (and boarded on an airplane).
                    What kind of visa could you apply for (and qualify for)? A tourist visa? No, you are no longer a 'tourist.' A student visa? Well, you do not have an I20 nor would the embassy believe that you would be returning to your own country after studying ...
                    A business visa? Well, once again, the presumption of intending (looming, in your case) immigration would render you ineligible for this visa as well.
                    You might be able to finagle a tourist visa, but I would not want to stake my life on it.
                    And a K3 would take some time to arrange - probably several weeks plus added expense.
                    In short, maintain patience and get the AP documents first; otherwise you could find yourself stuck for an unknown amount of time outside the US.

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                    • #11
                      to racquel

                      yes, I applied for the AP along with my AOS package. you said the AP takes 1,5 months, but here in NYC...hard to believe! Anyway thank you so much for encouraging words

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                      • #12
                        Lisa, yeah.... in NYC AP might take a little longer, but no more than 2-2.5 months. And if the worse happens and really you must travel, you can have someone you trust check your mail and send you the AP wherever you'll be overseas, so you'll have it when you come back in the country. I've heard people doing so.

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                        • #13
                          hmmm...are you sure? because I've heard that whenever I get my AP I must go to the INS office and pick it up personally! Isn't it so?

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                          • #14
                            I agree with everyone & with everything
                            but I've the friend of mine who overstayed her
                            tourist visa over 9 years, got married in Now. 2002,got her Adv. Parole, went in Apr. 2003 to
                            her motherland & WAS WITHOUT ANY PROBLEM
                            re-enter USA.

                            Comment


                            • #15
                              no, you don't have to go to the INS office to pick up AP, it will be sent home. You will have to go to the office to pick up Employment Authorization though, you'll get an invitation for appt. in about 2 months from sending everything. It is not an interview though, they just took my picture and fingerprints, that's it, didn't even look into my passport.

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