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  • waiver to overstay

    Some law book says the following:
    "none-citizens with overstay and other problems that subject to inadmissibility or deportation, the inadmissibility and deportation can be waived if they marry US citizen and prove either action can cause extreme hardship for the marriage or family".

    This is exactly my situation. I have a 2 month overstay and now pending in marriage based I485, but urgently want to travel.

    So my questions are: how do I apply for waiver to overstay ahead of travel? A form or something?

  • #2
    Some law book says the following:
    "none-citizens with overstay and other problems that subject to inadmissibility or deportation, the inadmissibility and deportation can be waived if they marry US citizen and prove either action can cause extreme hardship for the marriage or family".

    This is exactly my situation. I have a 2 month overstay and now pending in marriage based I485, but urgently want to travel.

    So my questions are: how do I apply for waiver to overstay ahead of travel? A form or something?

    Comment


    • #3
      I believe this question was answered on your other thread.
      It will NOT be beneficial for you to leave the country until your 485 is approved.
      You do not have legal status, as "pending" does not give you any rights, not even to not be deported.
      You can get permission to travel if it is a genuine emergency (*parent on life support in hospital in your hime country). Short of that, you will not get permission. Why do you need to leave so bad?
      You are risking your whole AOS case.

      Comment

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