Traveling outside the U.S. after green card approved and overstayed before

[lesthatsri 9]

Hi all,

I was reading the forums today and I got worried about information about overstay consequences.

I entered the US on a J-1 visa on December 8th 2013. It expired on March 17th 2014, My husband (US Citizen) and I got married on April 24th and we started our AOS process on June 17th. Everything is going as planned in the process and we are have our interview scheduled for September 5th. My AP document has already been mailed to me and my EAD is on production stage. We are expecting to get approved the same day of the interview.

We are planning to travel back to my home country for the Christmas holidays - Early January. We planned this trip with the idea that by then I would have my greencard. so I shouldn't have any problems coming back. Now I read on a different thread that any overstay could be penalized with a ban if I leave the U.S. before becoming a citizen, because I had at least six months of over stay. I am not sure about this:

http://www.visajourney.com/forums/topic/510677-complicated-adjustment-of-status-advice-needed/

The one little thing I will mention is that, if there is overstay, it could come back to bite him in the butt if you do move back to Canada. He would no longer have a green card, and by the timeline you give, he wouldn't be eligible for citizenship yet (3 years after approval of green card). So, when crossing into the US for a visit, it will show up on his record and the border guard may give him a hard time - and if it is longer than 180 days but not longer than a year, he would have a ban of 3 years from when he left the US. I have overstay on my record, so I am planning on getting citizenship before we move back to Canada.

So, does this means that we won't be able to visit my family until three more years?

Thank you for all your responses.

[uncrustables 7]

I believe the overstay has consequences only if you leave the US before getting your green card. Once you get the green card, your overstay is forgiven and you can travel in and out of the US.

[wavj 26]

Not sure if you could ask this question at the end of your interview if the IO asks if you have any questions, provided that you will be approved, but you should just ask the IO to make sure you are in the safe side. Good luck!

[Dave&Roza 748]

Hi all,

I was reading the forums today and I got worried about information about overstay consequences.

I entered the US on a J-1 visa on December 8th 2013. It expired on March 17th 2014, My husband (US Citizen) and I got married on April 24th and we started our AOS process on June 17th. Everything is going as planned in the process and we are have our interview scheduled for September 5th. My AP document has already been mailed to me and my EAD is on production stage. We are expecting to get approved the same day of the interview.

We are planning to travel back to my home country for the Christmas holidays - Early January. We planned this trip with the idea that by then I would have my greencard. so I shouldn't have any problems coming back. Now I read on a different thread that any overstay could be penalized with a ban if I leave the U.S. before becoming a citizen, because I had at least six months of over stay. I am not sure about this:

http://www.visajourney.com/forums/topic/510677-complicated-adjustment-of-status-advice-needed/

So, does this means that we won't be able to visit my family until three more years?

Thank you for all your responses.

First relax. Second, RELAX. Third, you married a USC so any overstay is forgiven. Forth, your overstay is only about 3 months--March to June. When you filed the AOS you enter into a period of authorized stay until you receive your GC at which time you become a lawful permanent resident (LPR). As you have your AP, you can travel on it and re-enter the US. Once you receive your GC you can travel on it as well. Fifth, RELAX.

Good luck,

Dave

[ValerieA 350]

My comment was strictly in the case that the couple moved back to Canada, thus abandoning the green card. You don't have to worry about it simply for vacation trips to other countries.

[lesthatsri 9]

Hahaha... Dave your comment was great!! Thank you Valerie for clarifying... i didnt want to post my question on the other thread, so i opened this one. Im sorry i freaked out but it is also because this is the first time i am away from my family so long. I want my husband to meet them and enjoy the food and scenery.

[jxn 86]

Everything I've read personally has said that once you have the green card (at least via marriage to a U.S. citizen, I don't know about other cases), any overstay is forgiven. However, if you do not yet have your green card approved and in your possession, even with Advance Parole, you are not guaranteed reentry to the U.S., as it is subject to the decision of the border agent upon your landing at a U.S. port of entry. The general advice for non-emergencies is to put off travel until you have the green card to reduce risk as much as possible. Good luck!