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Filed: Citizen (apr) Country: Iran
Timeline
Posted

The OP came on a tourist visa and overstayed by more than 365 days. Thus when he leaves he will be banned from returning to the US due to his violation of his tourist visa. If he leaves prior to obtaining AP it is certain he will not be permitted to return. If he has AP he may be permitted to return if the CBP officer at his POE is familiar with the court case Hypnos referred to. If the CBP officer is not familiar with the case or doesn't care the OP can be denied re-entry, even with AP, because of his ban.

Filed: F-1 Visa Country: Jamaica
Timeline
Posted

What is this talk about possbibly not being readmitted with an AP? My wife has an EAD/AP combo card (and a current Air Force Dependant ID card). I thought this was the entire reason behind the AP...to leave and reenter legally and with no problems? Under what circumstances would someone not be readmitted? It can't be as random and unpredictible as it sounds...

If you violated any conditions of the visa that you are adjusting status from, then there is a very good chance you will not be admitted. Also, when you received the AP card, the note attached does say re-entry isn't guaranteed.

For example, a guy I know, let's call him Jack, came here on a F-1 visa. Jack dtopped out of college for a year but still stayed here. If Jack left the States, he would be denied re-entry because he had violated thw conditions of his F-1 visa.

Posted

"Violating conditions of original visa" is not one of the reasons they deny AP entrance, so let's not spread that rumor around.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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