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  • AP

    just to make sure...
    I got married in 2003 to an american citizen.I got my EAD ,still waiting for the green card. I got my AP three weeks ago,I'm planning to go to my home country in July.Question:Am I safe -will they let me back in ?I have 7 months gap in my papers before I got married?
    I' m going anyway..
    Thanks,Ania

  • #2
    just to make sure...
    I got married in 2003 to an american citizen.I got my EAD ,still waiting for the green card. I got my AP three weeks ago,I'm planning to go to my home country in July.Question:Am I safe -will they let me back in ?I have 7 months gap in my papers before I got married?
    I' m going anyway..
    Thanks,Ania

    Comment


    • #3
      Just because you received Advance Parole from USCIS does not mean that you're automatically okay if you use it.

      If you were out-of-status (illegal) for a period of seven months, then you will have a three year period of inadmissability if you leave America and try to return. Even with Advance Parole, the officer at the Port of Entry will deny your application for entry, and you will have to return to your home country.

      My advice would be to remain in the United States until you receive your Permanent Residency...after which, you will be free to travel.

      Comment


      • #4
        more details about my case...


        i came to us in june 2002.in october 2002 changed my status -f-1,got approval and new i-94 in march 2003(no expiration date-valid for duration of status).i got married in dec.2003,sent all the papers in june 2004.when my overtsay begun?

        i read somewhere that D/S doesn't apply to 3 years/10 years...

        thanx

        Comment


        • #5
          You are correct. Generally, someone admitted D/S is only out-of-status if a USCIS official determines such. However, with the SEVIS system, where students are tracked, you may have been deemed out-of-status without your knowledge...if you broke the terms of your F-1 visa (I assume that you did, as you said that you had a "7 months gap."

          This information would have been helpful in the beginning, as it is a factor in your case. How can you expect people to help you if you don't provide all of the relevant information?

          Comment


          • #6
            Ania, will you explain which time period you consider "7 months gap before I got married"?
            If you were out of status immediately preceding the marriage, the marriage itself did not change that. Your status has changed when you sent the papers - June 04 !

            I am confused, so I hope you'll explain once again.

            Comment

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