Can Current AOS Applicants Who've Been In The US A Year Use AP For Travel?

[moonunit 2]

I'm a bit confused,

We did not file out AOS until just about a year of my partner being here. We're waiting for the EAD and AP. The EAD will allow him to work and the AP should allow him to travel outside of the country however, I read somewhere I believe that if the applicant has been in the US over a certain time then the AP really isn't any good/valid and they must wait for their GC before any travel abroad. I am hoping that I'm wrong on this, he really wanted to spend Chrismas back "home" (with parents) its critical at this point and I'm not sure we'll get the GC in time since we had an RFE and December's coming up fast.

So I guess my question is are AOS applicants who have been in the US for a year able to use AP to travel outside of the country?

I know I've seen this topic a few times before but cannot locate at the moment any - so if you have any links please feel free to forward them to us here. Thanks!

[Hypnos 6,578]

No and yes.

No - since he has at least 180 days of overstay then the overstay bars (INA 212 (a) (9) (B)) will kick in even if he leaves the US with AP, preventing him from being able to re-enter.

Yes - these bars were invalidated by the BIA decisions in Matter of Arrabally and Yerrabelly, which held that a departure from the US using AP was not a departure under the overstay bars, and so someone with a statutory bar would still be able to re-enter.

The issue is that USCIS has yet to issue formal guidance with regards to how Matters of Arrabally and Yerrabelly affect AP for everyone else, so right now you are rolling the dice with regards to being re-admitted if you have at least 180 days of overstay and attempt to enter using AP. The safest thing is not to do it, but it's possible he would be able to leave and re-enter on AP; it's also possible he would be denied at the border and returned to his country of origin.

[moonunit 2]

Thanks for that, I believe it's exactly what I was looking for and ugh :-( will cross my fingers for a speedy aos or we might be spending another Christmas in the US and he wont be too happy about it. Fun times :-/

[Hypnos 6,578]

AoS from a K visa routinely takes around a year, so I'm afraid I wouldn't be holding my breath.

[moonunit 2]

Hypnos - We're actually doing to AOS now - K1 was awhile ago. Will (hopefully) be completed in the next couple of months, just waiting for notification of the EAD and the Interview.

[Hypnos 6,578]

No, I mean AoS from a K-1 visa routinely takes a year from when you submit it.

One of two things will happen: you will either have no interview, will have to wait around a year but the green card will show up in the mail, or you will be called to an interview at your local office but it will be a shorter wait (~6 months). It's pretty much 50-50 as to what will happen in your case.

Edited November 2, 2013 by Hypnos

[moonunit 2]

I've been reading the forums on the AOS for the previous few months and it looks like most people who've applied in August/September are getting interviews within 3 months of their applications. We've been pretty lucky up to date, just an oversight for the RFE, needed an additional copy of documents.

[Hypnos 6,578]

A quick glance at the AoS From Family Visas case updates forum (http://www.visajourney.com/forums/forum/131-adjustment-of-status-case-filing-and-progress-reports/) shows plenty of people still waiting from March / April / May time. You may be thinking of the other forum which is for adjustment from other nonimmigrant visa types (predominantly B, F, H and Js) which typically have a shorter waiting period for their interviews.

It's very unlikely you'll hear anything before Xmas, and I'd be surprised if you heard anything before Easter 2014.

[moonunit 2]

No... I'm talking about AOS filers who are adjusting from K-1 who have gotten interviews for the 485 within 150 days or less and received their GC (or interview dates) from July 2013 until now. I've been reading others accounts the last month or so and there seem to be many cases of people getting interviews within 120 days, the only ones who seem to have had to wait longer are the ones who weren't getting interviews at all. Even in August 2013 / September 2013 there are some who have all ready received their interview dates. I'm checking the timelines and reading comments. I think it's a toss up certainly but in the last couple of months people have filed in the fall have seemed to get interviews scheduled. Either way... I'll let you know what becomes.

Guess it's a potato potato thing.

[Hypnos 6,578]

Good luck; as I said it's mostly a toss up whether you get a shorter wait plus an interview or a longer wait but no interview.