AOS and visa expired but need to go back the country

[pooki3 0]

Hi!!

I would like to know that My visa expired on last month (september) and I did AOS on last July and still processing .. But next month I need to go back my country for graduation .. If i go out are there any problems when i come back to US ?? ill be able to get in or not ? :'(

P.S. I had filled form I-131 already

Thank u very much

I appreciated

[Teddy B 17,252]

If you leave the US before receiving your AP (Advanced Parole), then your AOS application will be considered abandoned and you may not be allowed re-entry. You could file for emergency AP, but I'm not sure if a graduation would qualify as an emergency situation. If you already have your AP, then you should be fine to travel.

You can read about it here:

Caution

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

[pooki3 0]

Ohhh Thank you so much Teddy B

Mean if i get AP it shouldn't have any problems when i come back right ??

Thank yooooou

[Teddy B 17,252]

Ohhh Thank you so much Teddy B

Mean if i get AP it shouldn't have any problems when i come back right ??

Thank yooooou

Read the link I posted, it explains everything including re-entry. You will still be subject to immigration inspection.

For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought.

I'm not sure that a graduation will qualify as emergency travel. You will want to call or visit your local USCIS office to find out.

Business trips, weddings, holiday parties, and other planned events would usually not be considered an emergency situation.

[pooki3 0]

Thank u so much .. I read that link u sent me

but i still confuse why someone going out of the state only for travel or visit family and they use AP ?? they sent application I-131 form with I-485 form and if they didnt explain a reason so they still can get AP ??

Thank u ~

Read the link I posted, it explains everything including re-entry. You will still be subject to immigration inspection.

I'm not sure that a graduation will qualify as emergency travel. You will want to call or visit your local USCIS office to find out.

Thank u so much .. I read that link u sent me

but i still confuse why someone going out of the state only for travel or visit family and they use AP ?? they sent application I-131 form with I-485 form and if they didnt explain a reason so they still can get AP ??

Thank u so much

[Teddy B 17,252]

Thank u so much .. I read that link u sent me

but i still confuse why someone going out of the state only for travel or visit family and they use AP ?? they sent application I-131 form with I-485 form and if they didnt explain a reason so they still can get AP ??

Thank u ~

Thank u so much .. I read that link u sent me

but i still confuse why someone going out of the state only for travel or visit family and they use AP ?? they sent application I-131 form with I-485 form and if they didnt explain a reason so they still can get AP ??

Thank u so much

Your Visa has expired and you have filed to adjust your status. You are technically in the US right now in an overstay/illegal presence status. If you leave without advance parole, you will not be allowed back in and your application to adjust status will be considered abandoned by USCIS. You would have also accrued illegal presence for the time you overstayed your visa. That could lead to a 3 year ban for you.

[Harpa Timsah 13,258]

When your AP is approved and in your hand, then you can leave the country and come back freely. If it is unapproved, then you will be stuck outside the US. It will be approved, but your timeline might not work. A graduation doesn't qualify for expedited approval. The normal approval will take around 90 days from when you applied.

[pooki3 0]

When your AP is approved and in your hand, then you can leave the country and come back freely. If it is unapproved, then you will be stuck outside the US. It will be approved, but your timeline might not work. A graduation doesn't qualify for expedited approval. The normal approval will take around 90 days from when you applied.

Thank u so much

so it will take 90 days for normal approval is it right ?

Thank u very much ill just stay and wait till get it

[Harpa Timsah 13,258]

Yes, 90 days for normal approval.

[newacct 688]

You are technically in the US right now in an overstay/illegal presence status.

No, they are in legal status right now, because they have an I-485 pending.

[pooki3 0]

Thank you you guys so much for answers

[aaron2020 11,651]

Your Visa has expired and you have filed to adjust your status. You are technically in the US right now in an overstay/illegal presence status. If you leave without advance parole, you will not be allowed back in and your application to adjust status will be considered abandoned by USCIS. You would have also accrued illegal presence for the time you overstayed your visa. That could lead to a 3 year ban for you.

Maybe.

OP filed to adjust in July. It doesn't matter when OP's visa expired. It depends on when the I-94 expired.

If OP filed to adjust in July before the I-94 expired, then OP can use AP.

If OP filed to adjust in July after the I-94 expired, then OP cannot use AP even if AP is granted. The illegal overstay (the time after the I-94 expired and before filing to adjust) makes AP worthless.

Since OP has not given us info on when the I-94 expired, no one can tell if he/she can use AP.

[pooki3 0]

Maybe.

OP filed to adjust in July. It doesn't matter when OP's visa expired. It depends on when the I-94 expired.

If OP filed to adjust in July before the I-94 expired, then OP can use AP.

If OP filed to adjust in July after the I-94 expired, then OP cannot use AP even if AP is granted. The illegal overstay (the time after the I-94 expired and before filing to adjust) makes AP worthless.

Since OP has not given us info on when the I-94 expired, no one can tell if he/she can use AP.

Srry i didnt give u guys info about I-94 but I filed to adjust before I-94 expired

[aaron2020 11,651]

Srry i didnt give u guys info about I-94 but I filed to adjust before I-94 expired

Since you applied before the I-94 expired, then you can use AP.

You must have AP in hand before you leave the US. With AP, you will be able to return to the US to continue the AOS process.

If you leave without AP, then you will abandon the AOS process and will need a spousal visa to return to the US. The spousal visa would take a year..

If you need AP right away, then make an appointment at your local USCIS office and get emergency AP.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

[pooki3 0]

Thank you very much..