F1 gets AP - WHAT DO I DO????

[ushi 0]

I am an F1 student. I have been out of school for financial reasons my sponor died. I got married 3 yrs ago to a US citizen and still remained on an F1 visa. Now my husband and I just filed my papers. I got my ED card and Advance Parole. My visa stamp expired but my I-20 and I-94 have not expired. I would like to visit my country. Question: While I am there do I extend my student visa or the AP should allow me back in the country even though my visa expired last year. What visa do I enter the country with? I am confused!!

[kc456 0]

Are you in school now?

If you have been out of school as you say, your F-1 was probably no longer valid and you were out of status. With that in mind, travel with an AP would be risky, since it's not a guarantee that you'd be admitted. I'd hold off traveling until you get the GC. You may also benefit from a consultation with an immigration attorney since your case does not seem very straightforward.

[MPGGPM 0]

I am an F1 student. I have been out of school for financial reasons my sponor died. I got married 3 yrs ago to a US citizen and still remained on an F1 visa. Now my husband and I just filed my papers. I got my ED card and Advance Parole. My visa stamp expired but my I-20 and I-94 have not expired. I would like to visit my country. Question: While I am there do I extend my student visa or the AP should allow me back in the country even though my visa expired last year. What visa do I enter the country with? I am confused!!

If your previous F-1 visa was expired.......don't leave!

From my understanding, even if you have advance parole, when you try to get back into the country, they will see that your previous F-1 visa has expired, and that you overstayed. There is the possibility that you will not be let back into the country.

Read this below.

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Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years.

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There is a lot of info like that one on the web. I advise you to read and research it. If your previous F-1 visa was expired last year...then it HAS been more than 180 days, in which case, you may be penalized.

Be very careful with this

I advise you to wait for any traveling at this point, due to your circumstances, until you have received your green card as that last reply stated....or until you learn otherwise.

Edited May 31, 2006 by MPGGPM