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  • Overstay?

    If a person had a pending AOS, filed for advanced parole, and left the country before the Advanced Parole was adjudicated, would he fall into an overstay? Ultimately the AOS packet was considered an "Abandonment of Application" and the AP was denied. What "qualifications" does someone need to receive a ban of three or ten years? I don't believe my spuose would fall into one of these catagories, but with the BCIS you just never know.

    Thank you in advance for any input.

    [This message was edited by juliep on October 16, 2003 at 06:19 PM.]

  • #2
    If a person had a pending AOS, filed for advanced parole, and left the country before the Advanced Parole was adjudicated, would he fall into an overstay? Ultimately the AOS packet was considered an "Abandonment of Application" and the AP was denied. What "qualifications" does someone need to receive a ban of three or ten years? I don't believe my spuose would fall into one of these catagories, but with the BCIS you just never know.

    Thank you in advance for any input.

    [This message was edited by juliep on October 16, 2003 at 06:19 PM.]

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    • #3
      Travelling without AP while the AOS pending is not good. Well...I don't know for sure, but they will consider the overstayed time start from the last date in the I-94 itself. If its less than 360 days it will be 3 years, if more than 360 days it will be 10 years. I'm not a lawyer, pls act accordingly. Hope someone who has knowledge on this can highlight it.

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      • #4
        Thank you for your input Me2. So potentially you are saying that we could be looking at a bar? I could call the national information center, but you know how that goes. I am just trying to get all my ducks in a row. If we fall into a bar, can I appeal it?

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