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Filed: AOS (pnd) Country: Costa Rica
Timeline

HI! I recieved my AP yesterday. I am planning to travel home in January. I have read a note that says that you might still be denied entry even if you have the AP. On the actual document it says that if you have been unlawfully present in the USA they might find you inadmissible... is this true?? I was only out of status for about 2 weeks and then I filled AOS. I just want to be sure that I will not be risking denial of entry if I used my AP to travel....

Thanks for any advice :thumbs:

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Filed: Timeline
HI! I recieved my AP yesterday. I am planning to travel home in January. I have read a note that says that you might still be denied entry even if you have the AP. On the actual document it says that if you have been unlawfully present in the USA they might find you inadmissible... is this true?? I was only out of status for about 2 weeks and then I filled AOS. I just want to be sure that I will not be risking denial of entry if I used my AP to travel....

Thanks for any advice :thumbs:

If all you had was a 2 week gap before filling for AOS then you should be ok. Yes the CBP officers have the right to deny you entry even if you have AP. It is something that people should be aware of.

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Filed: AOS (pnd) Country: Costa Rica
Timeline

Hi Kez/jwolf,

Thanks for your response. So what is the actual time frame that you can be here unlawfully without getting denied?? I came here on a j-1 visa which expired on July 25. I send my AOS documents on August 08. And I forgot to mention that my j-1 visa expired on july 25 but I still could stay here for 1 month after that travelling... so I guess I was never out of status??? So once I send my AOS documents does that make me be here legally?? So the unlawfull presence would be the time you are in the US without a visa and without adjusting status?? lol!! That sounds so confusing.... Thanks again for your help!!

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Hi Kez/jwolf,

Thanks for your response. So what is the actual time frame that you can be here unlawfully without getting denied?? I came here on a j-1 visa which expired on July 25. I send my AOS documents on August 08. And I forgot to mention that my j-1 visa expired on july 25 but I still could stay here for 1 month after that travelling... so I guess I was never out of status??? So once I send my AOS documents does that make me be here legally?? So the unlawfull presence would be the time you are in the US without a visa and without adjusting status?? lol!! That sounds so confusing.... Thanks again for your help!!

If I was you I would not use the AP unless it i extremely necessary to travel abroad (i.e emergency). They have the right to deny you entry and you can forget about your AOS if that happens. Hold in there, wait until you have your green card in hand. better safe than sorry.

just my two cents and good luck with your journey!

Timeline:

12-16-07 Arrival in the US from Good Ol' Blighty

02-13-08 Got married in Los Angeles

02-22-08 Civil Surgeon Appointment

Adjustment of Status

02-29-08 Sent I-130, AOS, EAD, AP (Via FedEx) to Chicago

03-03-08 Package arrived in Chicago

03-07-08 All Cheques cashed!!

03-10-08 NOAs for I-130, I-485, I-765 and I-131 received

03-16-08 NOAs for I-130, I-485, I-765 and I-131 touched

03-27-08 Biometrics Appointment at 2pm (Notice date: 03.11.08)

04-30-08 Received EAD "card production ordered" & AP Approval notices from CRIS (YESSSS!!!!!)

05-06-08 I-765 touched and AP received in the mail!

05-08-08 Received I-765 "approval notice sent" e-mail from CRIS

05-09-08 EAD received in the mail (YIIPPEEYY!!!)

08-22-08 Notice of Action for initial interview received (10-08-08)

10-08-08 AOS Interview in Los Angeles: APPROVED!!!!

10-09-08 I-485 touched! (Card Production Ordered)

10-15-08 NOAs for I-130 (approval notice) and I-485 (welcome letter) received

10-22-08 Green Card finally arrived!!!

Removing of Conditions

07-14-10 Sent I-751 (Via USPS next day delivery) to California Service Center

07-22-10 Received NOA 1

07-30-10 Received NOA 2 (Biometrics appointment on 08-11-10)

08-31-10 NOA for Removal of Conditions approved

09-02-10 Approval letter received

09-03-10 Green Card arrived!!!

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Filed: Timeline
Wow! You would really recommend not using the AP document?? I am SOO confused... what is the AP for then??

1000'S Use it every day and no issues, its not like you have been out of status for more than 180 days wich would trigger a 3 year ban, so you should not have any problems using your AP, But as it states on the AP the CBP officer does have the right to deny entry.

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