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supercaleroman

AP and "triggering the bar..."

By supercaleroman in Working & Traveling During US Immigration

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supercaleroman Contributor

supercaleroman   0

Posted
Filed: AOS (pnd) Timeline
Posted

Hi -

Long story in a nutshell, I fell out of status in 2004 (student) but remained in the country. I have now applied for AOS (marriage) and would like to take my wife to meet my family and especially my grandmother since her health is very delicate.

Question: though I enter the country legally and remained illegally for 2years and despite having all the applications filed, is there an actual risk that I may not be allowed back at re-entry with an AP document?

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supercaleroman Contributor

supercaleroman   0

Posted
Filed: AOS (pnd) Timeline
  • Author
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If you have an overstay of 180 days it will trigger a 3 year ban if its more than 365 days it is a 10 year ban if you try to re-enter even with an AP.....

Kezzie

Right, Kezzie, but the instructions in the USCIS site say "may". I'm interested on what "may" trigger such bar. I don't want to risk it, but seriously, I want to see my grandmother before she passes away.

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kitkat1 Experienced

kitkat1   5

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted (edited)

The act of leaving the US triggers the bar.

Edited by kitkat1

Waiver approved after 10 months. Did NOT use a lawyer

CDJ Pilot Program Information

I-601 Waiver Guidelines

I-601 Waiver Overview

Hardship Letter Guidelines

Tips for Writing Hardship Letters

Examples of Approved Hardship Letters

Examples of Denied Hardship Letters

You can find me on I2US and FBI

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

If you have an overstay of 180 days it will trigger a 3 year ban if its more than 365 days it is a 10 year ban if you try to re-enter even with an AP.....

Kezzie

Right, Kezzie, but the instructions in the USCIS site say "may". I'm interested on what "may" trigger such bar. I don't want to risk it, but seriously, I want to see my grandmother before she passes away.

So what would you have done if you had not married a USC..... how would you have got home to see your grandma then?

If you break the law then there are consequences... you must now face those consequences... but you do have other options available... you can leave the USA and abandon your AOS.... go visit with Grandma and then File for a K3/CR1 with a wavier to overcome the ban and wait for this to be processed...

Good Luck

Kezzie

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supercaleroman Contributor

supercaleroman   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

If you have an overstay of 180 days it will trigger a 3 year ban if its more than 365 days it is a 10 year ban if you try to re-enter even with an AP.....

Kezzie

Right, Kezzie, but the instructions in the USCIS site say "may". I'm interested on what "may" trigger such bar. I don't want to risk it, but seriously, I want to see my grandmother before she passes away.

So what would you have done if you had not married a USC..... how would you have got home to see your grandma then?

If you break the law then there are consequences... you must now face those consequences... but you do have other options available... you can leave the USA and abandon your AOS.... go visit with Grandma and then File for a K3/CR1 with a wavier to overcome the ban and wait for this to be processed...

Good Luck

Kezzie

Touché, Kezzie.

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sukimi Explorer

sukimi   0

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted
Hi -

Long story in a nutshell, I fell out of status in 2004 (student) but remained in the country. I have now applied for AOS (marriage) and would like to take my wife to meet my family and especially my grandmother since her health is very delicate.

Question: though I enter the country legally and remained illegally for 2years and despite having all the applications filed, is there an actual risk that I may not be allowed back at re-entry with an AP document?

When did you apply for AOS and how bad is your grandmother's health?

6/27/06 NOA dates for I-130, I-131, I-765, I-485

7/17/06 received biometrics appt notice

7/27/06 biometrics completed

9/7/06 AP approved

9/13/06 EAD approved

11/6/06 received appointment notice for Dec 19th

12/19/06 Interviewed, approved, received stamp in passport

12/27/06 card production ordered

01/03/07 received green card (envelope postmarked 12/30/06)

09/20/08 Mailed I-751 to remove conditions

09/26/08 NOA date

10/16/08 Received biometrics notice

10/31/08 Biometrics

03/10/09 Transferred from VSC to CSC

05/15/09 I-751 approval noticed received in mail

12/01/09 Mailed N-400 for naturalization

12/07/09 NOA date

12/15/09 Received biometrics notice

01/04/10 Biometrics

02/17/10 Interview, approval, and oath

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meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
Hi -

Long story in a nutshell, I fell out of status in 2004 (student) but remained in the country. I have now applied for AOS (marriage) and would like to take my wife to meet my family and especially my grandmother since her health is very delicate.

Question: though I enter the country legally and remained illegally for 2years and despite having all the applications filed, is there an actual risk that I may not be allowed back at re-entry with an AP document?

You would do best to meet with an immigration attorney to go over your specific facts if you are not willing to wait until you get your Green Card.

Students are classed uniquely, and depending on how your I-94 was stamped, and other factors since you've been here, you may not have the time out of status that you think.

You are playing with your future here, and risk a potential 10 year ban from the US. I would make certain of the facts before I decided anything.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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dmartmar Community Regular

dmartmar   1

Posted
Filed: Timeline
Posted
If you break the law then there are consequences... you must now face those consequences... but you do have other options available... you can leave the USA and abandon your AOS.... go visit with Grandma and then File for a K3/CR1 with a wavier to overcome the ban and wait for this to be processed...

Good Luck

Kezzie

Kezzie's new best seller: "How to Get Away With Murder, Immigration Style."

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babybunny Mentor

babybunny   2

Posted
Filed: Timeline
Posted
If you break the law then there are consequences... you must now face those consequences... but you do have other options available... you can leave the USA and abandon your AOS.... go visit with Grandma and then File for a K3/CR1 with a wavier to overcome the ban and wait for this to be processed...

Good Luck

Kezzie

Kezzie's new best seller: "How to Get Away With Murder, Immigration Style."

:lol:

shon.gif
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