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Filed: AOS (pnd) Country: Germany
Timeline
Posted

So I posted this a while ago but I have a more specific question, to recap I got here on a VISA waiver(German Citizen) Overstayed,

found the love of my life married and now I am facing a situation were a very close relative is in the hospital and he mite not make it.

I have applied for the AP, but people say even if I get it I shouldnt travel beacuse I incure a 3 year ban, another individual stated to make the appointment with Info Pass.

My question is if I go to Info pass and get my expedited AP approved, and Info pass tells me its ok to travel should I still travel? It just seems like a oxymoron if the USCIS tells me I can and then the same USCIS refuses me to reenter?

Any help is appreciated, perhaps you have heard of someone in the same situation?

Thanks

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

USCIS will never refuse you entry... that is the job of the CBP. So the USCIS telling you to that you can travel is not necessarily the assurance you need...

How many days was your overstay?

Edited by payxibka

YMMV

Filed: AOS (pnd) Country: Germany
Timeline
Posted
USCIS will never refuse you entry... that is the job of the CBP. So the USCIS telling you to that you can travel is not necessarily the assurance you need...

How many days was your overstay?

Well I applied for a Student visa 3 days before my 90 days were over and received my NOA accordingly, about 30 days letter I gave up on the student visa when I met my girl but I overstayed by at least 60 days beacuse it took time to gather paperwork etc...

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Well I applied for a Student visa 3 days before my 90 days were over and received my NOA accordingly, about 30 days letter I gave up on the student visa when I met my girl but I overstayed by at least 60 days beacuse it took time to gather paperwork etc...

re-entry ban is incurred at 180 days or longer

YMMV

Filed: Country: Germany
Timeline
Posted
From when would I count the days? from the day I abendond my student visa? How can I be 100% I wont incurr a ban?

Thanks

No one here can tell you 100% that you won't incur a ban.

____________________________________

Done with USCIS until 12/28/2020!

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"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

Filed: Citizen (apr) Country: Australia
Timeline
Posted

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Working & Traveling prior to getting a Green Card" as it is a more appropriate location**

Posted
From when would I count the days? from the day I abendond my student visa?

You never got your student visa so you would start counting from the 91st day on after entering on the VWP.

How can I be 100% I wont incurr a ban?

You can not - and AP can not guarantee it either.

When did you originally enter the US?

Filed: AOS (pnd) Country: Germany
Timeline
Posted
When did you originally enter the US?

May 3rd 2009, I filed for Student Visa on August 2nd, before my 90 days were up. I received my NOA two weeks later and I also received a Denial letter like 60 days after that, I then filed for my I-485/I-130 the last day of January.

Thanks for all the help as I said this is very important to me beacuse a close relative is very ill.

 
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