Can I travel to Canada while doing AOS?

[rica30 0]

Hi! I just got my employment authorization card and underneath it's been printed "serves as I-512 advance parole" I applied for both employment authorization doc (I-765) and application for travel doc. (I-131).

I was wondering if ever I go to Canada for my cousin's wedding, will I be admitted back to the USA? I have read that there is no guarantee you can re enter the US using that employment authorization card with the advance parole underneath.

Thoughts? Card expires in 04/03/14

[Hypnos 6,576]

There is no guarantee you will be admitted using AP, but provided you have less than 180 days of overstay (or have no overstay at all) or any other issues which would render you inadmissible to the US then you will probably be ok.

[rica30 0]

There is no guarantee you will be admitted using AP, but provided you have less than 180 days of overstay (or have no overstay at all) or any other issues which would render you inadmissible to the US then you will probably be ok.

What do you mean by 180 days of overstay or none at all? I got here Nov. of 2011 but applied for my AOS only this year, 2013. Does that mean I overstayed in between that long gap from entering to finally applying for AOS?

[rica30 0]

....I entered the US using a K1 visa and my fiance at the time (husband now) followed the rules, we got married within 90 days of my arrival. But we did start to cram with my AOS...

[Hypnos 6,576]

If at least 180 days elapsed from the date your I-94 expired to when your I-485 application was accepted for processing then you have a 3 year bar which will be triggered when you leave the US (and if you overstayed by 365 days it's a 10 year bar). AP will not overcome this bar and you will be stuck outside the US, unable to return without filing a waiver and paying additional fees.

If you have a bar you should not depart the US until your green card is in your hands.

Edited May 10, 2013 by Hypnos

[jkb11 26]

You will not be admitted. You will be paroled into the U.S. I just came from Canada on AP, there were no issues going there or back. The Canadian official at the border will want to see your combo card to prove you have a way of reentering the U.S.A and that you're in legal status / waiting for your GC. Some Canadian border officers are not familiar with the relatively new combo card - they are used to seeing the I-512L form on paper - so if they are baffled by the document you're showing, you'll need to explain it serves the same purpose.

Warning: the re-entry bar triggers if you leave the country after accruing at least 180 days of unlawful presence. The timer stops as you send off your AOS and NOA1 receipt is issued, since you enter what is officially called a period of authorized stay. Any time between the expiration date on your I-94 and your AOS NOA1 date counts as unlawful presence and tolls towards the bar. Make sure you do not leave the country if you're facing the 3 or 10 year bar.

Cheers!

[Hypnos 6,576]

It sounds as if the OP has enough illegal presence to incur the 3 year bar, and probably the 10 year bar. AP should not be used if this is the case.

[redvelvet 12]

I think you will be fine. You did not incur overstay because you came with K1 visa, got married and adjusted status. I suggest bring a copy of your I-485 NOA with your combo card so you can show that your adjustment of status is in process.

Good luck!

[Harpa Timsah 13,258]

I think you will be fine. You did not incur overstay because you came with K1 visa, got married and adjusted status. I suggest bring a copy of your I-485 NOA with your combo card so you can show that your adjustment of status is in process.

Good luck!

This is incorrect. The OP DID overstay, by a lot. Getting married by itself does not protect your status. If the OP tries to use AP she will be stuck outside the country with a ban.

This conversation is purely academic anyway because the OP needs a Canadian visa to go to Canada, which she won't get.

[redvelvet 12]

This is incorrect. The OP DID overstay, by a lot. Getting married by itself does not protect your status. If the OP tries to use AP she will be stuck outside the country with a ban.

This conversation is purely academic anyway because the OP needs a Canadian visa to go to Canada, which she won't get.

She was just out of status but she had legal rights to stay here in US because they got married.

[Harpa Timsah 13,258]

She was just out of status but she had legal rights to stay here in US because they got married.

No redvelvet, you are wrong. Getting married by itself noes NOT allow anyone to stay here. It does not protect your status or protect you from deportation.

Out of status is illegal. Each day was an illegal day. If she leaves she will trigger a ban.

[redvelvet 12]

No redvelvet, you are wrong. Getting married by itself noes NOT allow anyone to stay here. It does not protect your status or protect you from deportation.

Out of status is illegal. Each day was an illegal day. If she leaves she will trigger a ban.

I see... so what should the OP need to do? Just wait for the GC before traveling out of US?

[Harpa Timsah 13,258]

I see... so what should the OP need to do? Just wait for the GC before traveling out of US?

Yep! that's right. Once she has her GC her overstay days will no longer matter and she can travel outside the US.

[rica30 0]

Thanks guys. I guess I will just have to wait for my GC. I appreciate all your answers. Good thing I posted something here regarding this, otherwise I would've went ahead and left for Canada not knowing the consequences when I go back to the US.

[jkb11 26]

Yes, the somewhat popular misconception that marriage protects your status can effectively ruin your life. Do not leave the country without GC.