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Uhoh

Using AP after a long overstay?

By Uhoh in Working & Traveling During US Immigration

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Uhoh Enthusiast

Uhoh   10

Posted
Filed: AOS (pnd) Timeline
Posted

What's the latest thoughts on using AP after an overstay that is long enough to trigger the 10 year ban? Is it still a definite no? My AOS might take some time (potential AWA case) and I'm wondering if I can still travel with AP or whether I should not risk it.

AOS from VWP

17 March packet mailed (day 0)

21 March Priority Date (day 4)

27 March text/email NOAs received (day 10)

31 March hard copy NOAs received (day 14)

7 April Biometrics letter received for appt on April 28 (day 21)

11 April successful biometrics walk in (day 25)

29 April Testing and Interview ? (day 43)

8 May Date on NOA of interview schedule (day 52)

12 May received hard copy NOA of interview scheduled 16 June! (day 56) :dancing:

27 May email received stating EAD card is in production and my AP has been approved (day 71)

30 May email received stating EAD has been shipped, should arrive Monday! (Day 74)

2 June received EAD in the mail (day 77)

16 June INTERVIEW :dancing: APPROVED!!!! (day 91!!!!)

20 June email received stating Green Card picked up by USPS due to be delivered on Monday 23rd!!!

23 June my green card arrived :dance:

Total time from packet mailed to Green Card received 98 days!!!!

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I say not attempt using the AP.

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

Unfortunately there is no rhyme or reason. Some CBP officers will let you back with with AP, whereas there are cases where they have turned away others. I would not risk it. Stay put until you have your GC on hand.

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Uhoh Enthusiast

Uhoh   10

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

That's what I thought. My lawyer said it's rare the CBP turn an AP away and refuse entry but I don't want to risk it especially as our case is so tricky anyway.

Thanks for your replies :)

AOS from VWP

17 March packet mailed (day 0)

21 March Priority Date (day 4)

27 March text/email NOAs received (day 10)

31 March hard copy NOAs received (day 14)

7 April Biometrics letter received for appt on April 28 (day 21)

11 April successful biometrics walk in (day 25)

29 April Testing and Interview ? (day 43)

8 May Date on NOA of interview schedule (day 52)

12 May received hard copy NOA of interview scheduled 16 June! (day 56) :dancing:

27 May email received stating EAD card is in production and my AP has been approved (day 71)

30 May email received stating EAD has been shipped, should arrive Monday! (Day 74)

2 June received EAD in the mail (day 77)

16 June INTERVIEW :dancing: APPROVED!!!! (day 91!!!!)

20 June email received stating Green Card picked up by USPS due to be delivered on Monday 23rd!!!

23 June my green card arrived :dance:

Total time from packet mailed to Green Card received 98 days!!!!

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f&c Collaborator

f&c   50

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

That's what I thought. My lawyer said it's rare the CBP turn an AP away and refuse entry but I don't want to risk it especially as our case is so tricky anyway.

Thanks for your replies smile.png

My wife did not apply for AP in her AOS package because she was so afraid of being banned if she visited her family and friends in Canada.

AOS

I am the petitioner:
11/11/2013 filed I-130, I-485, and I-765 concurrently
11/19/2013 NOA1
11/29/2013 received biometrics appointment letter
12/06/2013 RFE
12/19/2013 biometrics completed
12/20/2013 RFE Response mailed to NSC
12/21/2013 RFE Response delivered to NSC
12/24/2013 Case placed in RFE Review status
01/16/2014 EAD in document production
01/21/2014 EAD mailed out
01/22/2014 I-485 placed in Testing and Interview status
01/23/2014 EAD received

05/07/2014 Received notification that interview is scheduled for June 12

06/12/2014 Interview. I-130 approved, but AOS pending decision

06/13/2014 AOS approved

06/18/2014 Notification that Green Card has been mailed

06/20/2014 Received green card and welcome letters

I-751:Removal of Conditions

03/19/2016 Mailed I-751 package to VSC via USPS Priority Express

03/21/2016 VSC received I-751

03/25/2016 $590 check cashed

03/28/2016 Received NOA1 dated 03/22/2016

04/08/2016 Received biometrics appointment for 04/18/2016
04/18/2016 Biometrics completed

03/25/2017 Received approval letter (date of approval was 03/19/2017)

04/04/2017 Received "New card is being produced" text messages and emails

03/19/2017 ROC approved

N-400: Naturalization

04/19/2017 Priority date

05/15/2017 Biometrics completed

06/16/2017 Case in line for an interview

12/04/2017 Interview was scheduled 

12/09/2017 Received interview appointment letter 01/09/2018

01/09/2018 Interview (passed tests and recommended for approval)

01/23/2018 Online status updated to "Oath Ceremony Will Be Scheduled"

03/14/2018 Online Status updated to "Oath Ceremony Notice Was Mailed" (letter received 03/17)

03/28/2018 Oath Ceremony...wife is a U.S. Citizen!

 

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