post AOS travel

[eddie777 0]

I ashamedly overstayed a number of years ago, but subsequently was granted (by the very understanding and compassionate people at Immigration) a green card via AOS through a four year relationship and two year marriage to the love of my life (a US citizen).

My question is this: Am I going to experience problems with traveling and reentering the US from now on? For example on my UK passport (where at the interview the i94 was taken out of my passport and put in my file by the officer as they said I was no longer in transit and was applying for LPR) it presumably will trigger that I have overstayed before on VWP?

As traveling to the UK I will need my green card (for re-entry) and UK passport(which is due to expire next year anyway), I fear that this will show up on their system at the port of entry and could cause me problems. I gather that I am also barred from using the VWP again (which is understandable), so how do I go about traveling to the UK for a short visit, as I can't get a visa to travel to the UK as I am still British with no visa to issue, but I can't use the VWP either, and I can;t apply for advance parole as I am already a LRP now.

My question is will I be issued a 10 year bar (despite having a green card) when I come to re-enter home (USA) after a short trip to the UK. If anyone can advise me on what I should do that would be very greatly appreciated.

Some people of advised me to get a new passport issued rather than renew my old one, not sure what I should do, as I would like to see my elderly parents who I haven't seen in years due to my being out of status and not able to leave the US for fear of inadmissibility and separation from my wife.

Thanks in advance for any advice...

[Barbara J 115]

I ashamedly overstayed a number of years ago, but subsequently was granted (by the very understanding and compassionate people at Immigration) a green card via AOS through a four year relationship and two year marriage to the love of my life (a US citizen).

My question is this: Am I going to experience problems with traveling and reentering the US from now on? For example on my UK passport (where at the interview the i94 was taken out of my passport and put in my file by the officer as they said I was no longer in transit and was applying for LPR) it presumably will trigger that I have overstayed before on VWP?

As traveling to the UK I will need my green card (for re-entry) and UK passport(which is due to expire next year anyway), I fear that this will show up on their system at the port of entry and could cause me problems. I gather that I am also barred from using the VWP again (which is understandable), so how do I go about traveling to the UK for a short visit, as I can't get a visa to travel to the UK as I am still British with no visa to issue, but I can't use the VWP either, and I can;t apply for advance parole as I am already a LRP now.

My question is will I be issued a 10 year bar (despite having a green card) when I come to re-enter home (USA) after a short trip to the UK. If anyone can advise me on what I should do that would be very greatly appreciated.

Some people of advised me to get a new passport issued rather than renew my old one, not sure what I should do, as I would like to see my elderly parents who I haven't seen in years due to my being out of status and not able to leave the US for fear of inadmissibility and separation from my wife.

Thanks in advance for any advice...

From my understanding your overstays are forgiven and now you have your GC you are free to travel . With your passport is it still in your maiden name or have you had it changed to your married name? If still in your maiden name you should carry your marriage certificate with you when traveling to prove your name change. If passport is due for renewal next year then why get a new one I suppose I can see their point. You would just get it renewed next year in your married name if you haven't already. Mine is not due till 2016 but have to get my name change on it for now.

[eddie777 0]

From my understanding your overstays are forgiven and now you have your GC you are free to travel . With your passport is it still in your maiden name or have you had it changed to your married name? If still in your maiden name you should carry your marriage certificate with you when traveling to prove your name change. If passport is due for renewal next year then why get a new one I suppose I can see their point. You would just get it renewed next year in your married name if you haven't already. Mine is not due till 2016 but have to get my name change on it for now.

Thanks for your reply. My Wife is the US citizen and I am the Male British Citizen with the LPR. I hope you are right, I am perhaps worrying unnecessary that a previous overstay will permanently cause me problems at every US port of entry despite having a green card. I will probably renew my passport here as I think it needs to have at least 6 months validity to travel to many countries (Japan is one I can think of that has that stipulation on entry)..Thanks again...

I will let this post know what happens after I travel.

On s aide issue and this story (slightly off topic) may help one two people reading this, and hopefully offer some reassurance to others about the topic of traveling and AOS. I traveled on a flight on a "EAD only" with no questions asked, no UK passport and no other ID asked for, and this was while my AOS application was pending. Actually they did ask me a question; they asked business or pleasure? I said I was going for a job interview, they said good luck, enjoy your trip Sir. I was really REALLY worried about flying as I was out of status but I had my wife with me and it was all fine so if anyone else is terrified about traveling while there is a pending AOS and you are out of status don't be, as the day I traveled the airport was on Orange alert and they had all the homeland security officials there checking everyone and closely studying everyone ids with their little torches. IMPORTANT NOTE: That was "internal American flight", NOT oversees (don't go oversees while you have a pending AOS without an advanced parole(AP), and for goodness sake don't travel outside the US 'at all' if you are out of status for any reason.

[Barbara J 115]

Thanks for your reply. My Wife is the US citizen and I am the Male British Citizen with the LPR. I hope you are right, I am perhaps worrying unnecessary that a previous overstay will permanently cause me problems at every US port of entry despite having a green card. I will probably renew my passport here as I think it needs to have at least 6 months validity to travel to many countries (Japan is one I can think of that has that stipulation on entry)..Thanks again...

I will let this post know what happens after I travel.

On s aide issue and this story (slightly off topic) may help one two people reading this, and hopefully offer some reassurance to others about the topic of traveling and AOS. I traveled on a flight on a "EAD only" with no questions asked, no UK passport and no other ID asked for, and this was while my AOS application was pending. Actually they did ask me a question; they asked business or pleasure? I said I was going for a job interview, they said good luck, enjoy your trip Sir. I was really REALLY worried about flying as I was out of status but I had my wife with me and it was all fine so if anyone else is terrified about traveling while there is a pending AOS and you are out of status don't be, as the day I traveled the airport was on Orange alert and they had all the homeland security officials there checking everyone and closely studying everyone ids with their little torches. IMPORTANT NOTE: That was "internal American flight", NOT oversees (don't go oversees while you have a pending AOS without an advanced parole(AP), and for goodness sake don't travel outside the US 'at all' if you are out of status for any reason.

I agree with you there and was just about to ask was it an internal traveling through the US as that is ok while AOS is processing. Oh and as you are the male beneficiary lol then no you don't have to change your name hey sorry lol. You really should be fine as long as you have your GC on you and your British passport all systems go.

[eddie777 0]

I agree with you there and was just about to ask was it an internal traveling through the US as that is ok while AOS is processing. Oh and as you are the male beneficiary lol then no you don't have to change your name hey sorry lol. You really should be fine as long as you have your GC on you and your British passport all systems go.

Thanks again Barbara!

[Brother Hesekiel 2,236]

There are 3 groups of people in the US:

1) non-residents (illegal aliens and visitors)

2) residents (LPRs, Green Card holders)

3) citizens.

Once you move up from level 1 to level 2, and from level 2 to level 3, it's like a rebirth of some sort.

A resident does not have to worry about any overstay as a visitor, as that was dealt with before becoming a resident.

[eddie777 0]

There are 3 groups of people in the US:

1) non-residents (illegal aliens and visitors)

2) residents (LPRs, Green Card holders)

3) citizens.

Once you move up from level 1 to level 2, and from level 2 to level 3, it's like a rebirth of some sort.

A resident does not have to worry about any overstay as a visitor, as that was dealt with before becoming a resident.

That's great to know, thank you Bob!