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kristi12

Advance parole help!!!!

By kristi12 in Working & Traveling During US Immigration

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kristi12 Rookie

kristi12   1

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Filed: AOS (apr) Country: Albania
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My Advance Parole was approved today, which is great. But now the problem is what do I count as unlawful stay in the US? My J1 visa expired in September 2009. Before its expiration I applied for a change of status to F1, which got denied in January 2010 for abandonment reasons (one of their letters didn't get forwarded to my new address, so I failed to reply to them in time). I got married before this decision though and my husband and I sent the application in February.If I leave the country will I be able to come back without any problems considering it's been more than 180 days after my J1 visa expired, but less than 180 days after the denial letter for the F1 status and it's required that during status proceedings, I shouldn't leave the country and wait for their decision so I would think they can't count that time as unlawful. Does anyone know?

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Good thing you asked!

If you apply for AP, some drone looks at your file and usually grants it. You travel, come back, and at the POE the CBP officer sends you right back where you came from. A few years later you may try again.

The fact that AP has been granted does not wipe out unlawful presence. Once you've overstayed by 180 days, you are banned from reentry for 3 years. Even if it's less than 180 days, they can, and often do, deny you entry.

Hence, no travel until you have your Green Card.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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You may not have as much overstay as you think.

Since you applied to adjust your status on the first visa, before it was expired, - your status would be frozen till it's resolved - they denied it in Jan '10 - and then you flipped to a marriage based visa in Feb '10 -

So - you should not have any problems.

However, you may wish to consult with CBP and see what they say. They will be the ones looking at your comings and goings, so they will have that info available.

J-1? any 2yr requirement on that one?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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kristi12 Rookie

kristi12   1

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Filed: AOS (apr) Country: Albania
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You may not have as much overstay as you think.

Since you applied to adjust your status on the first visa, before it was expired, - your status would be frozen till it's resolved - they denied it in Jan '10 - and then you flipped to a marriage based visa in Feb '10 -

So - you should not have any problems.

However, you may wish to consult with CBP and see what they say. They will be the ones looking at your comings and goings, so they will have that info available.

J-1? any 2yr requirement on that one?

No. The 2 year rule does not apply to my J1 (work and travel).

Yeah I should probably consult with CBP. I have to sign a job contract abroad by the end of june, so I guess I should just wait till the final minute for my Green Card and then risk it.

Thank you both!

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Boiler Grand Master

Boiler   45,499

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Filed: K-1 Visa Country: Wales
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The issuance of AP is not related to the ability to use it. I believe it says that on the paperwork.

Many Lawyers take the view that the loss of rights in exercising it is not advisable. This is without any issues.

The safe bet is to wait for GC, otherwise consult with an immigration Lawyer so you fully understand the risk you are taking.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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kristi12 Rookie

kristi12   1

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Filed: AOS (apr) Country: Albania
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The issuance of AP is not related to the ability to use it. I believe it says that on the paperwork.

Many Lawyers take the view that the loss of rights in exercising it is not advisable. This is without any issues.

The safe bet is to wait for GC, otherwise consult with an immigration Lawyer so you fully understand the risk you are taking.

I just received a notice of my interview date with a list of documents to bring with me. The thing is I have submitted those docs to USCIS already. Do I need to bring other copies to the interview with me?

Also how long after the interview do I know if i'm approved or not and can I use my AP after I'm approved?

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w8inglongtime Community Regular

w8inglongtime   29

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Filed: Citizen (apr) Country: Ghana
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I just received a notice of my interview date with a list of documents to bring with me. The thing is I have submitted those docs to USCIS already. Do I need to bring other copies to the interview with me?

Also how long after the interview do I know if i'm approved or not and can I use my AP after I'm approved?

Those are generic lists on the interview letter. Everybody gets the same list. You do have to bring them just for back up incase uscis loses some of the ones you originally sent.

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Usui Takumi Veteran

Usui Takumi   1,562

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Filed: Other Country: Afghanistan
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I just received a notice of my interview date with a list of documents to bring with me. The thing is I have submitted those docs to USCIS already. Do I need to bring other copies to the interview with me?

Also how long after the interview do I know if i'm approved or not and can I use my AP after I'm approved?

I'd take boiler's advice and wait until the card is in your hand.

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