Travel with AP

[A&V 0]

Hello everybody!

I have overstayed my visa and pending AOS. I got the AP and I really want to visit my familly for Christmas it has been more then 5 years since I didn't see them. My question is will I have problems in re-enter in US because of the explanations on the AP...overstaying for more the 180 days. And do I need to get a visa in my country...will they let me to board without one?

I have found all the answers that I needed filling the AOS it is a great forum...but I can't figure out this.

Thank you all!

[Sprailenes 47]

Need more information.

What type of visa are you here on?

[Kathryn41 3,205]

Hello everybody!

I have overstayed my visa and pending AOS. I got the AP and I really want to visit my familly for Christmas it has been more then 5 years since I didn't see them. My question is will I have problems in re-enter in US because of the explanations on the AP...overstaying for more the 180 days. And do I need to get a visa in my country...will they let me to board without one?

I have found all the answers that I needed filling the AOS it is a great forum...but I can't figure out this.

Thank you all!

If you have accumulated more than 180 days of out-of-status time between the time your visa expired and you filed for AOS, yes, you will have problems if you try to use an Advance Parole. They will give you an Advance Parole when you apply for it, but that doesn't negate any out of status time. When you try to return to the US the out of status time will come up on the computer and you will be denied re-entry to the US and incur an automatic ban, either 3 years if your out of status time is between half a year and one year - and if your out of status time is over one year, it will be an automatic 10 year ban. You would have to either wait it out and then start the immigration process all over again, or start the immigration process all over again but try to get a hardship waiver for the ban - and they are not easy to get.

You don't need a visa going back to your home country as you are still a citizen of that country but I think it is almost definite, given the circumstances you have presented, that you would not be allowed back into the US and will be turned back at the border, even with the AP.

I know that it is a long time since being home but you are so close to getting your green card, do you really want to risk it all now when you will have it all in just a few more weeks or months wait? Wait until you get your green card - out of status time will not matter then - and you can visit your family. It may not be for Christmas, but really, is visiting for Christmas worth a 3 year or 10 year ban plus having to start the immigration process all over again, but trying to get a hardship waiver as well?

Just be a little bit more patient. You have waited this long; you can wait a little bit longer. It will be worth it in the long run even though it sucks now.

Edited November 30, 2008 by Kathryn41

[A&V 0]

I came on J1 visa. I know that usually they check for your criminal record when you come back with AP. I was really looking for somebody who did the same thing and had no problems in returning or to share their experience. Well every case is different here. Most probably I will try to talk to a lawyer to see how big the risk is. I don't want to find myself in a crazy situation.

[jhunjhun 7]

I came on J1 visa. I know that usually they check for your criminal record when you come back with AP. I was really looking for somebody who did the same thing and had no problems in returning or to share their experience. Well every case is different here. Most probably I will try to talk to a lawyer to see how big the risk is. I don't want to find myself in a crazy situation.

I believe that no one dares to go out the country if he/she is overstayed even had a Advance parole document to return after the foreign visit. Most of the applicants who are applying for adjustment of status are aware that overstaying will be resulted to 3 or 10 yrs bans. That's why most of them did not apply for AP. Don't risk any hardship you been tru. Be patient...wait unitl your green card will arive.

Edited December 1, 2008 by jhunjhun

[bluegreen 0]

Don't do it!!! Kathryn's advice is right on. I used my AP after filing AOS from a tourist visa, but I had zero overstay. I still have read many places that even doing that is a bad idea, and I was nervous coming back. It is very unlikely that you will find anyone on here who has done this at all. It is universally deemed to be a bad, bad idea.

You are in exactly the same position you were in before you had AP—out of status (pending AOS) with accumulated overstay. It does not guarantee re-entry. It does not even necessarily help. I don't even think they factor it in when assessing your eligibility to re-enter. I believe they look mostly at your accumulated legal and illegal stay. Go home for a celebratory visit the day you have your GC in hand, whe you know for sure you will have no problems returning. You are still basically out of status right now.

When you talk to a lawyer, make sure you talk to one who really, knows what they are talking about:) I am sure that seems obvious...but it seems like lots of people here get wrong advice from their lawyers.

[A&V 0]

Thank you all for your advice. I cancelled all my plans....will go for Easter everything should be over by then.

[thetreble 19]

Thank you all for your advice. I cancelled all my plans....will go for Easter everything should be over by then.

Sounds like a good plan. good luck to ya.