Marriage didn't work. Overstay and re-entry questions.

[dmartmar 1]

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

Edited June 21, 2006 by dmartmar

[Yodrak 7]

dmartmar,

He also wrote that he cancelled the AOS interview and left the country. If the USCIS has closed the AOS case then the AP may be useless, possibly for either of two reasons:

- no pending AOS removes the basis for the AP (not sure about that one), or

- if the AOS case has been denied (possible, as a result of having cancelled the interview) then the pending days have become overstay days, and if the overstay days are sufficient to incur a ban - AP does not overcome a ban.

Don't know from the posts - at least I didn't pick it up - what the status of the AOS application is or how many days it has been or was pending.

Yodrak

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

Edited June 21, 2006 by Yodrak

[Kathryn41 3,205]

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

I don't know where you saw this but it isn't in any of the OP's posts. He said that the marriage failed and he moved back home. Besides, you don't travel on an AP to leave the country; you return on it and once the AOS application no longer exists, the grounds for the AP also no longer exist.

[Yodrak 7]

Kathryn,

Yes, it is.

Yodrak

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

I don't know where you saw this but it isn't in any of the OP's posts. ....

[diadromous mermaid 36]

dmartmar,

He also wrote that he cancelled the AOS interview and left the country. If the USCIS has closed the AOS case then the AP may be useless, possibly for either of two reasons:

- no pending AOS removes the basis for the AP (not sure about that one), or

- if the AOS case has been denied (possible, as a result of having cancelled the interview) then the pending days have become overstay days, and if the overstay days are sufficient to incur a ban - AP does not overcome a ban.

Don't know from the posts - at least I didn't pick it up - what the status of the AOS application is or how many days it has been or was pending.

Yodrak

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

No pending adjustment means that there can be no status for which parole could be advanced to the alien. So AP would fall with the application that has been withdrawn

[maria_b84 0]

dmartmar,

He also wrote that he cancelled the AOS interview and left the country. If the USCIS has closed the AOS case then the AP may be useless, possibly for either of two reasons:

- no pending AOS removes the basis for the AP (not sure about that one), or

- if the AOS case has been denied (possible, as a result of having cancelled the interview) then the pending days have become overstay days, and if the overstay days are sufficient to incur a ban - AP does not overcome a ban.

Don't know from the posts - at least I didn't pick it up - what the status of the AOS application is or how many days it has been or was pending.

Yodrak

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

No pending adjustment means that there can be no status for which parole could be advanced to the alien. So AP would fall with the application that has been withdrawn

Yup that how it is

Maria

[shirlJ831 0]

I just hope things work out for the best for you so for you:

HUGS!!!

[Kathryn41 3,205]

I see where the confusion arose. The OP stated he had obtained an advance parole in the AOS process. He did not state that he had traveled on it. He categorically stated that they had cancelled the AOS, he had left the country, moved home and started his old life again with no intent of retaining residency in the US.

Kathryn,

Yes, it is.

Yodrak

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

I don't know where you saw this but it isn't in any of the OP's posts. ....

[Yodrak 7]

Kathryn,

One doesn't travel on AP. AP is not required to travel. AP is required to be parolled into the USA when one wants to return to the USA from travel. dmartmar's post was incorrect in that detail, and if that's the detail you were homing in on then you were correct - but it was stated by the OP that he had acquired an AP document.

The OP has not tried to use his AP document, and from what's been written it appears that it may no longer be usable.

Yodrak

I see where the confusion arose. The OP stated he had obtained an advance parole in the AOS process. He did not state that he had traveled on it. He categorically stated that they had cancelled the AOS, he had left the country, moved home and started his old life again with no intent of retaining residency in the US.

Kathryn,

Yes, it is.

Yodrak

What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that?

I don't know where you saw this but it isn't in any of the OP's posts. ....

Edited June 23, 2006 by Yodrak

[dmartmar 1]

He categorically stated they had cancelled the AOS and left the country, moved back home and started his old life again, with no intent of retaining residency in the US.

That's only b/c he lost the opportunity to gain residency.

If he went back home and started his old life again, I can't see why he would want to come back to the US ever again in the future, for any reason whatsoever.

[girl 37 7]

He categorically stated they had cancelled the AOS and left the country, moved back home and started his old life again, with no intent of retaining residency in the US.

That's only b/c he lost the opportunity to gain residency.

If he went back home and started his old life again, I can't see why he would want to come back to the US ever again in the future, for any reason whatsoever.

Are you being sarcastic? It's hard to tell.

[dmartmar 1]

Why did you apply for AP in the first place? What was/were the reason(s)?

[lavi5h 0]

Why would I want to return to the US?

Well, I do have friends and also family across the country, and just because a marriage failed doesn't mean I wouldn't enjoy spending a vacation there. I have grown to love the US and would like to be able to continue visiting it now and then for the rest of my life

I obtained the AP because I needed to make an important trip (family matters) back to my homeland. I did just that and was admitted back into the US on it. This was when the marriage was still fine.

Edited June 23, 2006 by lavi5h

[Yodrak 7]

lavi5h,

Point of clarification - you were not admitted into the USA on your advance parole, you were paroled into the USA. (That's why it's called advance parole.) There's a difference, and I don't know but what that difference might have some significance in your situation. Probably not at this point if the application for adjustment has been denied.

Yodrak

...

I obtained the AP because I needed to make an important trip (family matters) back to my homeland. I did just that and was admitted back into the US on it. This was when the marriage was still fine.

[ohiobuck 0]

I wish I knew about this part of immigration and traveling and re-entry into the US to help you, but unfortuantely I do not. But I am praying for you that your honesty will be rewarded and that you can re-enter without any problems.

I wish you the best of luck and that you find out soon if you can come.

God Bless,

Paula