Information needed for getting emergency AD after filing AOS

[Ruipo 1]

Hi guys, tough situation here. I have been overstaying here in the US to be with my husband who is a US citzen. I dropped out of school a few months after we married. so i am overstaying for sure. Now i have to be with my family, but I don't want to go back home and wait for a year for a spouse visa to come back with him. So we decided to file AOS asap, and if they receive my file and give me a case number. Can i go to the local office to apply a emergency AD, I cant not wait for a few months to get the regular AD coming in with mail. I really hope i this can work, i have to go back to my country in 15 days.

Thank you.

Edited September 16, 2015 by Ruipo

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Inquiry related to adjusting from student visa~

[Ruipo 1]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Inquiry related to adjusting from student visa~

I think my case is AOS base on family because i am married to a US citizen. And I am applying AOS base on the marriage.

Edited September 16, 2015 by Ruipo

[elephanzo 4]

Well, good luck if you have overstayed your visa... if you ever leave, you might NEVER be able to come back. You really CANNOT over stay a visa... Watch the movie "Like Crazy" ... very accurate. US customs does not take over staying a visa lightly. Now you will have to get lawyers involved and even then, you will not be guaranteed to be allowed back in. You might want to consider having your husband migrate to your country now.

[newacct 688]

Hi guys, tough situation here. I have been overstaying here in the US to be with my husband who is a US citzen. I dropped out of school a few months after we married. so i am overstaying for sure. Now i have to be with my family, but I don't want to go back home and wait for a year for a spouse visa to come back with him. So we decided to file AOS asap, and if they receive my file and give me a case number. Can i go to the local office to apply a emergency AD, I cant not wait for a few months to get the regular AD coming in with mail. I really hope i this can work, i have to go back to my country in 15 days.

Thank you.

Emergency AP is for things like your relative is dying or something. You haven't given a valid emergency reason for needing emergency AP. Regular AP you will get in 3 months of filing. Thre is also expedited (but not emergency) AP which is somewhere in between; but I don't think you have a legitimate reason to expedite it either.

If you leave the US while AOS is pending without AP, you will automatically abandon your AOS and will have to do Consular Processing abroad.

I think my case is AOS base on family because i am married to a US citizen. And I am applying AOS base on the marriage.

The move is correct. You are adjusting from student status.

[newacct 688]

Well, good luck if you have overstayed your visa... if you ever leave, you might NEVER be able to come back. You really CANNOT over stay a visa... Watch the movie "Like Crazy" ... very accurate. US customs does not take over staying a visa lightly. Now you will have to get lawyers involved and even then, you will not be guaranteed to be allowed back in. You might want to consider having your husband migrate to your country now.

This is completely wrong in every way. "Overstay" is not an impediment against Adjustment of Status, and in this case, from the information she has given, she should not have accruewd "unlawful presence" since F-1 people are admitted on "D/S", and thus leaving should not cause problems for getting an immigrant visa outside the US if she decides to go that route.

[Ruipo 1]

Emergency AP is for things like your relative is dying or something. You haven't given a valid emergency reason for needing emergency AP. Regular AP you will get in 3 months of filing. Thre is also expedited (but not emergency) AP which is somewhere in between; but I don't think you have a legitimate reason to expedite it either.

If you leave the US while AOS is pending without AP, you will automatically abandon your AOS and will have to do Consular Processing abroad.

The move is correct. You are adjusting from student status.

Sorry i just didn't want to address the reason i have to go back, my grandma is seriously ill. And she will most likely not going to make it another month. My problem is when i dropped school, my student visa should be void. yet i have been staying here with my husband since. So i am worry about that. I wish i can wait until AOS pass but i cant.

Edited September 16, 2015 by Ruipo

[newacct 688]

Sorry i just didn't want to address the reason i have to go back, my grandma is seriously ill. And she will most likely not going to make it another month. My problem is when i dropped school, my student visa should be void. yet i have been staying here with my husband since. So i am worry about that. I wish i can wait until AOS pass but i cant.

Get documentation that your grandma is seriously ill and try to apply for emergency AP with that, once you have your AOS case number.

[Ruipo 1]

Get documentation that your grandma is seriously ill and try to apply for emergency AP with that, once you have your AOS case number.

So even i have overstayed over 6 months, i can still get AP and travel back and come back? or is there a chance i will be denied when i enter the country.

Thank you for the help.

[KayDeeCee 4,896]

Well, good luck if you have overstayed your visa... if you ever leave, you might NEVER be able to come back. You really CANNOT over stay a visa... Watch the movie "Like Crazy" ... very accurate. US customs does not take over staying a visa lightly. Now you will have to get lawyers involved and even then, you will not be guaranteed to be allowed back in. You might want to consider having your husband migrate to your country now.

Nope. They can use AP. What is the basis for this answer? A movie you watched?

Matter of Arrabally and Yerrabelly.

http://www.state.gov/documents/organization/87120.pdf

9 FAM 40.92 N2.2 INA 212(a)(9)(B)(i)(II) Departure At Any Time

The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)

OP> Info on emergency travel > http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Edited September 16, 2015 by KayDeeCee

[elephanzo 4]

This is completely wrong in every way. "Overstay" is not an impediment against Adjustment of Status, and in this case, from the information she has given, she should not have accruewd "unlawful presence" since F-1 people are admitted on "D/S", and thus leaving should not cause problems for getting an immigrant visa outside the US if she decides to go that route.

Sorry, I misread. What I got from her post was that she came on a student visa, withdrew from school and stayed even though she was violating the student visa terms by dropping out of school. I didn't realize that he was her legal husband in the US, I thought maybe she was just calling him her husband because they were married in another country or something like that.

[Hypnos 6,578]

Apply for AoS, an EAD, and AP all at the same time. After receiving your receipts you can then attempt to expedite the AP based upon your grandmother's illness, but it won't happen in less than 15 days.

If you depart before filing then you won't have a ban (if your I-94 indicates "D/S") but you will have a tough time obtaining another nonimmigrant visa due to you not complying with the terms of your F-1. It would take about a year to receive your immigrant visa overseas, if that is the route you choose to follow.

[newacct 688]

Note that there's a difference between Expedited AP and Emergency AP. See http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Emergency AP is gotten in person at a local office, and requires a more urgent situation.

So even i have overstayed over 6 months, i can still get AP and travel back and come back? or is there a chance i will be denied when i enter the country.

Thank you for the help.

You should be fine if you leave and return with AP. There is always a chance that a foreigner entering the country will be denied entry but I don't see any reason to in your case.

[Unidentified 2,930]

Okay most of your answers are WRONG.

Here is how it really is and I'm telling this based on my own personal experience.

The day before we got married my dad was diagnosed with cancer that turned out to be spread pancreatic cancer: he was going to die and he didn't have much time left. We hurried to get our AOS in and about 3 days (not 15) later we got the text and email with our case number. The next day we went to the USCIS (you do not need an info pass for emergencies) and requested emergency AP. I had the AP in hand withing the hour.

This is what you will need:

A letter from the doctor treating your grandmother

Your AOS case number

2 passport photos

A cheque because you will have to pay $360 for the Emergency AP (it might be that you won't have to pay if they see the regular AP in the system, mine was not in yet)

If they claim they can't do anything because you're not in the system, just tell them you have the case number and you can check the status on USCIS. If they still say they can't ask to speak to someone else. In my case it never became an issue, it just took a little longer and they had to email someone to let them know I was leaving the country.

Feel free to PM me if you have questions. Like I said, I've gone through this myself and it sucks.

[Cathi 5,795]

Well, good luck if you have overstayed your visa... if you ever leave, you might NEVER be able to come back. You really CANNOT over stay a visa... Watch the movie "Like Crazy" ... very accurate. US customs does not take over staying a visa lightly. Now you will have to get lawyers involved and even then, you will not be guaranteed to be allowed back in. You might want to consider having your husband migrate to your country now.

everything about this is not accurate, you really need to stop watching movies.