Traveling while Appllication is pending

[Bill and Nicky 0]

Hello,

I have been reading these forums for a little while now and they have been a huge help with my application process. However I have a question that I have not been able to find very much information on.

I am a Canadian and have been working in the US under a TN since October 2002. That employer was where I met my beautiful wife. We started dating 2.5 years ago and were married in November 08.

We sent the AOS package on Febuary 6/09,while I was still working under TN status, and we did it ourselves but we do have a friend who has a friend (yeah sounds corny) who is a lawyer and gave us some advice.

Since then I have been laid off but I remained in the US per the lawyer's advice, she said that I am out of status but will be alright for the application.

I still own a house in Canada and still have financial obligations there (ie taxes etc) that so far I have been able to take care of online and family members have been keeping an eye on my house to make sure everything is okay. We plan on keeping my house for the time being because it is a nice place to go to on weekends since it is close to a lake.

I have been reading in some places that in some cases (like overstay) that it is not a good idea to travel on an AP. I have not received my EAD/AP yet but was wondering when I do if it was smart for me to travel to Canada on weekends, visit family and the like before I receive the GC.

Has anyone had a similar situation? I hope someone can give some incite on this. Thanks for the help.

[Krikit 1,164]

Hi Bill. I'm going to move your question to the "AOS from other visa" forum where you're more likely to run into someone who can answer your question.

I don't want to run you wrong but I do recall seeing someone who had used their AP successfully, even though they had an overstay. I think it's in that forum somewhere.

Good luck!

[Craneman 2]

My wifes AP was just approved last Tuesday, after talking to my state senators office and geeting their help.

I asked the quetion of my wife traveling outside the U.S. before she had the AP in her hands, the answer was that as long as she was approved before she left the country no problem, I could mail or hand carry the AP to her for reentry.

We flew to Brasil on Thursday when I return to ecort her back to the U.S. I will take the AP to her.

Do not know if this helps to answer your question.

If you were on overstay, would they not deny the AP to start with??

Good luck.

Hi Bill. I'm going to move your question to the "AOS from other visa" forum where you're more likely to run into someone who can answer your question.

I don't want to run you wrong but I do recall seeing someone who had used their AP successfully, even though they had an overstay. I think it's in that forum somewhere.

Good luck!

[Jon&Lindsey 0]

From your post, it seems like you haven't been out of status very long. AP is still granted regardless of overstay, but is not a guarantee that you will be allowed back. If you have overstayed enough to have a ban on re-entry, trying to come back with the AP will still trigger the ban, so the best advice (if that is the case) is not to leave until you have the GC. It doesn't seem like you have overstayed long enough to be banned, but it is still not guaranteed that you would be allowed back in.

Edited March 18, 2009 by Jon&Lindsey

[Bill and Nicky 0]

From your post, it seems like you haven't been out of status very long. AP is still granted regardless of overstay, but is not a guarantee that you will be allowed back. If you have overstayed enough to have a ban on re-entry, trying to come back with the AP will still trigger the ban, so the best advice (if that is the case) is not to leave until you have the GC. It doesn't seem like you have overstayed long enough to be banned, but it is still not guaranteed that you would be allowed back in.

Thanks for the responses.

No I have not been "out of status" very long. I was laid off middle of January. I don't think I have overstayed long enough to be banned. Would I be correct to say that overstaying over 180 days could result in being banned. I am still under that 180 days if I count from when I was laid off.

Safe bet would be to wait until the GC, I agree. It would be nice to make a trip or 2 to Canada in the mean time though.

[Jon&Lindsey 0]

From your post, it seems like you haven't been out of status very long. AP is still granted regardless of overstay, but is not a guarantee that you will be allowed back. If you have overstayed enough to have a ban on re-entry, trying to come back with the AP will still trigger the ban, so the best advice (if that is the case) is not to leave until you have the GC. It doesn't seem like you have overstayed long enough to be banned, but it is still not guaranteed that you would be allowed back in.

Thanks for the responses.

No I have not been "out of status" very long. I was laid off middle of January. I don't think I have overstayed long enough to be banned. Would I be correct to say that overstaying over 180 days could result in being banned. I am still under that 180 days if I count from when I was laid off.

Safe bet would be to wait until the GC, I agree. It would be nice to make a trip or 2 to Canada in the mean time though.

A 180 day overstay triggers a 3 year ban, and 365 days a 10 year ban. I had a less than 180 day overstay (adjusting from VWP), but didn't travel as I didn't want to risk anything. Everyone here seems to advise not to leave the US if there is any overstay and the AOS is from a non-immigrant intent visa (which I believe the TN is), which is of course the only safe thing to do, so I haven't read of anyone's experience trying - it would be interesting to hear if anyone has done it successfully. I guess it's just up to you to decide if you want to take a risk, as no one can tell you you are 100% sure to get back in!

[Beantownbabe 1]

I wouldn't set one foot out of the country myself! Most peoples' GC's are getting approved so quickly these days that I don't think it's worth the risk if you've overstayed. Just my 2 cents...

[FRJ 0]

I wouldn't set one foot out of the country myself! Most peoples' GC's are getting approved so quickly these days that I don't think it's worth the risk if you've overstayed. Just my 2 cents...

i wouldn't risk it either. i had my i-551 stamp and i was pulled aside and questioned much less.

[WROCLAW 0]

good luck

[queendlee 1]

its up to you if you want to risk it, you must have ur AP before returning, but when i left the country during AOS, I was taken aside w/ my USC husband and questioned and sat in an office for a long time while they did some checking. I did overstay, I had a valid F1 until my AOS and was still in school even when I got my PR. They always say it's risk even w/ an AP... so you don't know for sure what will happen at the border.

[Bobby+Umit 161]

Hello,

I have been reading these forums for a little while now and they have been a huge help with my application process. However I have a question that I have not been able to find very much information on.

I am a Canadian and have been working in the US under a TN since October 2002. That employer was where I met my beautiful wife. We started dating 2.5 years ago and were married in November 08.

We sent the AOS package on Febuary 6/09,while I was still working under TN status, and we did it ourselves but we do have a friend who has a friend (yeah sounds corny) who is a lawyer and gave us some advice.

Since then I have been laid off but I remained in the US per the lawyer's advice, she said that I am out of status but will be alright for the application.

I still own a house in Canada and still have financial obligations there (ie taxes etc) that so far I have been able to take care of online and family members have been keeping an eye on my house to make sure everything is okay. We plan on keeping my house for the time being because it is a nice place to go to on weekends since it is close to a lake.

I have been reading in some places that in some cases (like overstay) that it is not a good idea to travel on an AP. I have not received my EAD/AP yet but was wondering when I do if it was smart for me to travel to Canada on weekends, visit family and the like before I receive the GC.

Has anyone had a similar situation? I hope someone can give some incite on this. Thanks for the help.

Really depends on how long your overstay was?

180 days but less than 1 year gives you a 3 year ban.

1 year or more gives you a 10 year ban.

Remember, AP is suppose to be for compelling emergencies only, not for "visiting".

So I would suggest, unless it's dire that you have to return to Canada, wait for your AOS/GC, since you have some "overstay" on your record. Plus, with the TN, you were suppose to leave within 10 days or so after loosing your job, or expiration of the TN (whichever is less).

Edited March 23, 2009 by Bobby_Umit