I-512L

[Alex2009 0]

I have just received my I-512L letter; I'm excited and would like to visit my family. The only thing that concerns me is the disclaimer about the inadmissibility of this due to "Unlawful Presence. Does the time frame for unlawful presence begin when my Visa expired?

I would like to thank you in advanced for your assistance.

[NArocks 13]

Not familiar with the I-512L

I have just received my I-512L letter; I'm excited and would like to visit my family. The only thing that concerns me is the disclaimer about the inadmissibility of this due to "Unlawful Presence. Does the time frame for unlawful presence begin when my Visa expired?

I would like to thank you in advanced for your assistance.

[NArocks 13]

Fund an topic here on VJ maybe it will help I-512L

[Alex2009 0]

Fund an topic here on VJ maybe it will help I-512L

I keep reading what the letter says and what that post says, but I'm only left with confusion. Either way, thanks NArocks.

[NArocks 13]

I would not risk it, If you have an overstay most members even when adjusting AOS are told not to use AP ( I-131 ) even if for some reason it appears. The minute you leave and attempt to get back a bar is triggered ( this is the AOS side I know ) You can always gt out but getting back in without the green card is the problem. Can you wait? I wish I could be of more service sorry......

[Alex2009 0]

I'm trying to do some research on my end before I leave. I really want to go, but do not want to risk my AOS for a trip that I can do later. I'm thinking about calling the customer service line, and/or setting an appointment via the Infopass. Not sure if that would be a good idea.

[NArocks 13]

I'm trying to do some research on my end before I leave. I really want to go, but do not want to risk my AOS for a trip that I can do later. I'm thinking about calling the customer service line, and/or setting an appointment via the Infopass. Not sure if that would be a good idea.

Be careful there ,you can read on hear that it is considered the MISS information line.

Good luck whichever road/path you take

[venusfire503 54]

I have just received my I-512L letter; I'm excited and would like to visit my family. The only thing that concerns me is the disclaimer about the inadmissibility of this due to "Unlawful Presence. Does the time frame for unlawful presence begin when my Visa expired?

I would like to thank you in advanced for your assistance.

More people will be able to help you if you provide a little more information. For example, what type of visa did you have? When did it expire? Where country are you from? I'm guessing you filed for AOS and are awaiting a decision.

I ask partly because many people incorrectly believe that their K-1 visa 'expires' at a certain time after they get here and then they are 'overstaying' (or something like that) until they get their green card. A K-1 is 'done' once it is used - the only reason there is a date on it is to let you know how long you have to use it (kind of like a store coupon) to enter.

If you came on another type of visa, and the time period really did expire, you can't leave and then re-enter with Advance Parole. If you came on a K-1 (and maybe some other visas - I don't know much about those), for example, and followed all the rules, you can use the AP letter to return after leaving the country. Some people will caution you against using it even in those cases, depending on your home country. Like someone else said, there are never any absolute guarantees about being allowed to enter the US, even with a visa. MOST times, there are no problems.

Either way, please let us know a little more about your situation so that you can get the answers you need.

Best of luck!

venusfire

[Bobby+Umit 161]

You would use the expiration date on your I-94 to determine your status.

If you went past 180+ days from that date till you received the NOA from the AOS, you aquired enough "out of status" days to invoke a ban if you attempt to return to the US.

So, you will have to make that determination, do you have 180+ days between authorized stays?

(and I have seen where they will give you the AP even though the person had overstay 180+, and when they verified this with USCIS/INFOPASS, they were told not to go, as they would be banned on re-entry.)

Re-entry is not guaranteed, just like it states, you still have to be admissible to re-enter.

[Alex2009 0]

My Visa says, "USA B1/B2 VISA/BCC." I'm not sure what the I-94 is. I've seen examples of it on this site, but don't recall having to get one. I always entered from Mexico (land port) and never went more than about 150 miles into the US.

[Bobby+Umit 161]

My Visa says, "USA B1/B2 VISA/BCC." I'm not sure what the I-94 is. I've seen examples of it on this site, but don't recall having to get one. I always entered from Mexico (land port) and never went more than about 150 miles into the US.

Ok - when did you file for AOS? During the usual 6 month period that is given normally on a B2?

No stamps in your passport?

[Alex2009 0]

I filed my AOS in May, the notification letter has a received date of MAy 25th. My Visa has been expired since January of '08.

[NArocks 13]

I filed my AOS in May, the notification letter has a received date of MAy 25th. My Visa has been expired since January of '08.

Is this a work relalted AOS filing? or did you marry a USC? my suggestion if you have an overstay do not use any type of AP document. They will let you out, but will not let you back in. Be very careful. Once you have your GC in hand then you can go wothout worry as long as you do not stay outside the US for longer than 6 months.

Edited July 5, 2009 by NArocks

[Alex2009 0]

I married a USC. I scheduled an Infopass appointment for this week. I'll post a reply as to what I was told right after I get back from that.

On a side note, this is a great community, thanks for your assistance.

[Bobby+Umit 161]

I filed my AOS in May, the notification letter has a received date of MAy 25th. My Visa has been expired since January of '08.

I will take it you mean May 2009 - so if that is true, you are out of status for more than a year.

If you leave, even with your AP, you will be looking at a 10 year ban on attempt to re-enter the US.

If it was May 2008, your AOS was less than 180 days, and no ban would be placed on you.

Please let us know what the infopass says!