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Is this overstay?? and can I travel with advanced Parole??

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  • Is this overstay?? and can I travel with advanced Parole??

    Dear Sirs and lawyers:

    Like others who post questions, I'm desperate too, because I want to travel to see my parents.

    Situation: my I485, marriage based, has been pending for name check after the interview, and I applied the travel document, as I plan to travel.

    Problem:
    I applied for marriage based I485 ONCE BEFORE the curent one, then the marriage didn't work out and no Green Card, then I divorced and married another citizen, so I filed the new I485 and withdrew the old. Before all these I was on H-1 visa and perfect. Did I overstay according to what I just described ???
    Some say I overstayed because the first I485 didn't result in green card and the 2 yrs protected by that I485 is the period that I overstayed. Some say there was an overstay between the divorce of the 1st wife and the filing of the 2nd I485. Thereby, I shouldn't travel, otherwise I cannot be admitted at the airports.

    Question:
    Is my situation really considered overstay?? And shouldn't it be pardoned as long as I married a US citizen ?? Any scary consequences, i.e. not be able to enter Or I485 get rejected, if I travel with my travel document ?

    Thanks so much

  • #2
    Dear Sirs and lawyers:

    Like others who post questions, I'm desperate too, because I want to travel to see my parents.

    Situation: my I485, marriage based, has been pending for name check after the interview, and I applied the travel document, as I plan to travel.

    Problem:
    I applied for marriage based I485 ONCE BEFORE the curent one, then the marriage didn't work out and no Green Card, then I divorced and married another citizen, so I filed the new I485 and withdrew the old. Before all these I was on H-1 visa and perfect. Did I overstay according to what I just described ???
    Some say I overstayed because the first I485 didn't result in green card and the 2 yrs protected by that I485 is the period that I overstayed. Some say there was an overstay between the divorce of the 1st wife and the filing of the 2nd I485. Thereby, I shouldn't travel, otherwise I cannot be admitted at the airports.

    Question:
    Is my situation really considered overstay?? And shouldn't it be pardoned as long as I married a US citizen ?? Any scary consequences, i.e. not be able to enter Or I485 get rejected, if I travel with my travel document ?

    Thanks so much

    Comment


    • #3
      I think it would be best to get an Infopass appt and check this out with an Immigration officer, telling her all the dates as you have explained.

      They say if you overstayed, not to leave the country even if you have applied for advance parole I-131.

      Comment


      • #4
        Yes you overstayed because you were out of status. You need advance parol which could (should) be denied becuae of the overstay and non emergency nature of the request. There is no "pardon" for an iverstay but there is a waiver. Another situation you will have to deal with is the issue of marriage fraud on the first marriage. They will ask about this.

        Comment


        • #5
          Yes you were out of status. from the time the divorce of your 1st wife occured til approval of the pending i485. right now your status is pending. the marriage to usc will forgive the overstay <span class="ev_code_RED">once you adjust your status</span>. Again.. your status is pending.

          You can travel with an approved i-131. Be VERY AWARE.. I-131 does not give you the right to re-enter the usa. There is no guarantee for admission to usa from advanced parole. People have been turned away on this before.


          I would stay put if I were you until greencard approval.

          Comment


          • #6
            Thanks, SonofMichael and 4now.

            I don't worry about the prev marriage, it was over 2 years before the divorce and I still keep the "leftovers" from that marriage.

            SonofMichael, if I get a waiver for the overstay, can I travel with travel document before my current I485 get approved ?

            Sir 4now, without some urgent stuff, I wouldn't push for this. Permit me to ask one additional question: is the overstay forgiven after I filed the I485 or only after it is approved as you said ??

            Thanks!!!

            Comment


            • #7
              Yes, although your current "status" is pending, "pending" does not give you any legal rights to travel, nor does it protect you from deportation. You would be considered a visa overstay. Be very careful. You can request emergency travel, but it must be a legitimate emergency. My advice is to be patient and wait it out until your 485 gets approved, then you can legally travel all you want.

              Comment


              • #8
                In theory, yes you can. I would advise not to becuase of the issues raised. It is an unacceptably high risk in my opinion.

                Comment


                • #9
                  Thank you, again, everyone.

                  "People 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". That is what I read in the law book and probably exactly SonofMichael's statement.

                  So how do I apply for this waiver ahead of travel? A form or something? Also, Say, I re-enter after travel, will this travel adversely affect my I485 application ?

                  Comment


                  • #10
                    DiscussB


                    You havent listened to anything that you have read here.

                    You do not have any status until your 485 is approved!! Which means you are out of status becuase you do not have a valid visa right now.What part of this do you not understand??????

                    Again.. it was explained that advanced parole is used for traveling. But there is no guarantee that you will be let back into the country.. there are no forms that will qualify you to get back into the country. You have not been approved yet therefore no forgiveness has taken place as of yet.

                    Quote:
                    Say, I re-enter after travel, will this travel adversely affect my I485 application ?[quote]


                    <span class="ev_code_RED">What makes you think that they will let you back in. remember no guarantees. If you dont get back in your 485 will be considered abandoned.</span>

                    Comment

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