Advanced Parole Limit

[griz30 0]

When does the count start on out of status? We got Married in August and her I-94 expired Sept. 5th ( do we count that day or do we start counting on the 4th) I filed the AOS paperwork in Feb. and they received the package on Feb. 18th but the notice date is March 4th, so the real question is are we safe to leave and come back if we go by the rec. date its 166 days, but if we go by notice date its 180 (181 depends if you count Sept 5th as a day) My wife really wants to go see her family, but I am not sure???

[Bobby+Umit 161]

From the date of your I-94 expiration till you get the NOA for the AOS.

So - count to the date of the actual NOA date as written on it. (Mar 4th)

If it's 180+, don't leave.

Edited May 16, 2009 by Bobby_Umit

[Gary and Alla 3,694]

When does the count start on out of status? We got Married in August and her I-94 expired Sept. 5th ( do we count that day or do we start counting on the 4th) I filed the AOS paperwork in Feb. and they received the package on Feb. 18th but the notice date is March 4th, so the real question is are we safe to leave and come back if we go by the rec. date its 166 days, but if we go by notice date its 180 (181 depends if you count Sept 5th as a day) My wife really wants to go see her family, but I am not sure???

Do you HAVE an AP? If you do not have an AP she will not be able to return. If an AP was issued, as part of your AOS filing (form I-131) then you can travel and return until the expiration date on the AP.

Filing for AOS I-485 does not grant an AP unless you apply for it at the same time on form I-131.

[griz30 0]

When does the count start on out of status? We got Married in August and her I-94 expired Sept. 5th ( do we count that day or do we start counting on the 4th) I filed the AOS paperwork in Feb. and they received the package on Feb. 18th but the notice date is March 4th, so the real question is are we safe to leave and come back if we go by the rec. date its 166 days, but if we go by notice date its 180 (181 depends if you count Sept 5th as a day) My wife really wants to go see her family, but I am not sure???

Do you HAVE an AP? If you do not have an AP she will not be able to return. If an AP was issued, as part of your AOS filing (form I-131) then you can travel and return until the expiration date on the AP.

Filing for AOS I-485 does not grant an AP unless you apply for it at the same time on form I-131.

Yeah...we got the AP, but it took us until late Feb. to file for AOS so its about 180 days from the end of her I-94...I think that is a problem

[bluemist 0]

When does the count start on out of status? We got Married in August and her I-94 expired Sept. 5th ( do we count that day or do we start counting on the 4th) I filed the AOS paperwork in Feb. and they received the package on Feb. 18th but the notice date is March 4th, so the real question is are we safe to leave and come back if we go by the rec. date its 166 days, but if we go by notice date its 180 (181 depends if you count Sept 5th as a day) My wife really wants to go see her family, but I am not sure???

Do you HAVE an AP? If you do not have an AP she will not be able to return. If an AP was issued, as part of your AOS filing (form I-131) then you can travel and return until the expiration date on the AP.

Filing for AOS I-485 does not grant an AP unless you apply for it at the same time on form I-131.

She has to have an AP to travel outside the US while the 1-485 is pending.She cannot travel without AP or greencard.

[bantam 0]

You should agree to plan a trip right after you have your green card, that's what we did. Why risk headache and time apart? You should be happy that you can apply for AOS even though you have accrued overstay, a lot of categories of people cannot.

[Dakine 26]

When does the count start on out of status? We got Married in August and her I-94 expired Sept. 5th ( do we count that day or do we start counting on the 4th) I filed the AOS paperwork in Feb. and they received the package on Feb. 18th but the notice date is March 4th, so the real question is are we safe to leave and come back if we go by the rec. date its 166 days, but if we go by notice date its 180 (181 depends if you count Sept 5th as a day) My wife really wants to go see her family, but I am not sure???

Do you HAVE an AP? If you do not have an AP she will not be able to return. If an AP was issued, as part of your AOS filing (form I-131) then you can travel and return until the expiration date on the AP.

Filing for AOS I-485 does not grant an AP unless you apply for it at the same time on form I-131.

She has to have an AP to travel outside the US while the 1-485 is pending.She cannot travel without AP or greencard.

She can travel anywhere outside the US she wants. She just won't be allowed back in the US.

[Bobby+Umit 161]

When does the count start on out of status? We got Married in August and her I-94 expired Sept. 5th ( do we count that day or do we start counting on the 4th) I filed the AOS paperwork in Feb. and they received the package on Feb. 18th but the notice date is March 4th, so the real question is are we safe to leave and come back if we go by the rec. date its 166 days, but if we go by notice date its 180 (181 depends if you count Sept 5th as a day) My wife really wants to go see her family, but I am not sure???

Do you HAVE an AP? If you do not have an AP she will not be able to return. If an AP was issued, as part of your AOS filing (form I-131) then you can travel and return until the expiration date on the AP.

Filing for AOS I-485 does not grant an AP unless you apply for it at the same time on form I-131.

Yeah...we got the AP, but it took us until late Feb. to file for AOS so its about 180 days from the end of her I-94...I think that is a problem

It is a problem if you out of status time was more than 180+ days. Even if the AP was issued, you can still be held accountable when you attempt to come back.

There is a post here where someone was in a similar situation, and they checked with an Infopass, and USCIS told them they didn't even know why the AP was granted, and if they used it, they would of been looking at a 3 year ban.

So best advice is to wait for the greencard - then no issues.

[griz30 0]

I really think I counted wrong on my wife's AP, her I-94 was stamped Sept. 5th so that means the I-94 is still good till Sept 5th 11:59pm (right?). Then we got a rec. Date of Mar 4th on her I-485, so by my count if you go from Sept 6th to Mar. 3rd she is at 179 days right???

[Bobby+Umit 161]

What date is on the actual NOA?

that is the date you count from - not the "received" date. (they actually have to process it for it to count)

So - I don't think your numerical manipulations will get you under the 180 days. (again - what date is the NOA state?)

I could be wrong, but if you are wrong, 3 year ban if you attempt to come back into the US.

[griz30 0]

What date is on the actual NOA?

that is the date you count from - not the "received" date. (they actually have to process it for it to count)

So - I don't think your numerical manipulations will get you under the 180 days. (again - what date is the NOA state?)

I could be wrong, but if you are wrong, 3 year ban if you attempt to come back into the US.

The received date is Feb 24th, but the NOA Date is Mar 4th. I am not trying to fool myself into having the days, I am just trying to clarify how you count the days. From what I count i'm at 179 days and it clearly states MORE THAN 180 DAYS. I realize there are risks, but if they turn her away it will have to be for a valid reasons (unless they have a bad day) other than out of status.

[Bobby+Umit 161]

What date is on the actual NOA?

that is the date you count from - not the "received" date. (they actually have to process it for it to count)

So - I don't think your numerical manipulations will get you under the 180 days. (again - what date is the NOA state?)

I could be wrong, but if you are wrong, 3 year ban if you attempt to come back into the US.

The received date is Feb 24th, but the NOA Date is Mar 4th. I am not trying to fool myself into having the days, I am just trying to clarify how you count the days. From what I count i'm at 179 days and it clearly states MORE THAN 180 DAYS. I realize there are risks, but if they turn her away it will have to be for a valid reasons (unless they have a bad day) other than out of status.

If you date is Mar. 4th - then you are under the 180 days. (you wouldn't count Sept 5 - out of status time would commence on Sept. 6) - To close for my comfort, but your level may vary.

[griz30 0]

What date is on the actual NOA?

that is the date you count from - not the "received" date. (they actually have to process it for it to count)

So - I don't think your numerical manipulations will get you under the 180 days. (again - what date is the NOA state?)

I could be wrong, but if you are wrong, 3 year ban if you attempt to come back into the US.

The received date is Feb 24th, but the NOA Date is Mar 4th. I am not trying to fool myself into having the days, I am just trying to clarify how you count the days. From what I count i'm at 179 days and it clearly states MORE THAN 180 DAYS. I realize there are risks, but if they turn her away it will have to be for a valid reasons (unless they have a bad day) other than out of status.

If you date is Mar. 4th - then you are under the 180 days. (you wouldn't count Sept 5 - out of status time would commence on Sept. 6) - To close for my comfort, but your level may vary.

Yeah, its a little close for me as well, but when the wife speaks you know how that works. I just want to make sure I am playing by their rules before I buy a ticket.