Advance Parole, illigal work in the past and trip home.

[darena 0]

Hi guys!

I am doubting and have some questions for you.

I have been in US for three years, never went out of my legal status, but I did work a lot without work authorization ( using only my SSC)

I just got married and filed my papers for Adjustment of Status Jan 23, 2006.

And yesterday I got my Advance Parole. I can't wait to go home! I miss them so much.

But I am kind of scared.

Since I have been working illegal for so long I might have a problem with returning back to US after my trip to Russia.

I am planning my trip on Mid May - and coming home Mid June.

And I have some questions for you:

1. How bad does my illegal work affect my Advance parole situation????what is my chance for returning back to US without any problems???

2. What is the the safest time for me to go home?? After receiving my Conditional Green Card?? How soon do you get it after filing all papers???

3. What happens if for example, if I go to Russia and by the end of my trip I would not have my Green card yet?? Am I stuck in Russia until receiving green card??

And one more question. From your experience, what is the best time to by airplane tickets?? Long time ahead??? ( I have two months ahead my trip) or two days before the trip, trying to get discounted tickets???)

I think in my situation it makes a sense to buy discounted ticket just before leaving. But I am not sure what kind of deal I can get and I am kind of tight on money.

[chocolaterie 0]

does uscis know of your illegal work?

[zyggy 9]

does uscis know of your illegal work?

And if you were working in the US illegally, were you in the US illegally... If so, the AP will not help you... if you spent more than 180 days in the US illegally (and this includes time between your last period of authorized stay expired and the time that you filed your I-485) , there is a 3 year ban on reentry. If more than a year, the ban is 10 years. The AP does not overcome these bans...

I would be extremely hesistant to leave the US without some more assurances. A consulatation with an immigration attonrey seems more appropriate in this case....

[chocolaterie 0]

zyggy is right. USCIS will issue an AP even if there are issues so Ap is no guarantee.

[Kez/JWolf 6]

You say your were never out of status... what visa did you have??? you say you worked illegaly... so your SSN says "Not authorised for Work"?

We need more info....

Kezzie

[darena 0]

I got here through Work and Travel summer program. The first three months of my being here I was working legally, since I had SSC and I was authorized to work for anybody I wanted to.

Then I switched to J-1 trainee status. I was supposed to work only for one employer, he didn't really care and let me work for anybody I wanted. So I had spent 18 months on this status. Then, when it was about to expire, I switched to tourist status and spent 6 months in US on the tourist status. After that I married my boyfriend and applied for AOS and everything else.

So for about 24 months I had been in status but managed working illigaly , showing my employers only SSC but not providing them with my work authorization papers.The government knows my illegal work since I honestly wrote everything in G-325 form.

Before I married my boyfriend I was going to get my GC trough employment. I had an employer who was sponsoring me for GC. The attorney I was working with told me that I could apply for ADvance parole and would not have any problem with coming back to US. But whoever I ask tells me that it is dangerous but doesn't provide me with any specific information.

I could not find any specific information about Advance parole and elligal work on UCSIS site as well.

If somebody has some information, please, share

[zyggy 9]

I got here through Work and Travel summer program. The first three months of my being here I was working legally, since I had SSC and I was authorized to work for anybody I wanted to.

Then I switched to J-1 trainee status. I was supposed to work only for one employer, he didn't really care and let me work for anybody I wanted. So I had spent 18 months on this status. Then, when it was about to expire, I switched to tourist status and spent 6 months in US on the tourist status. After that I married my boyfriend and applied for AOS and everything else.

So for about 24 months I had been in status but managed working illigaly , showing my employers only SSC but not providing them with my work authorization papers.The government knows my illegal work since I honestly wrote everything in G-325 form.

Before I married my boyfriend I was going to get my GC trough employment. I had an employer who was sponsoring me for GC. The attorney I was working with told me that I could apply for ADvance parole and would not have any problem with coming back to US. But whoever I ask tells me that it is dangerous but doesn't provide me with any specific information.

I could not find any specific information about Advance parole and elligal work on UCSIS site as well.

If somebody has some information, please, share

You really need to get an attorney involved.. but some of that time may be considered as time out of status. If it were me I would not leave the US, there is too much gray area in your situation and it isn't good to play with the CBP in these instances.. they typically see the gray differently that you or at times even an attorney would... and there is little an attorney can do for you if you've been denied entry to the US... you need to talk to a good immigration attorney to ferret out what portion of that time is considered in status, what portion is considered out-of-status, and what the consequences of your actions are...

My first hunch is that any time that you spent working for an employer that was not your sponsor would be considered time out of status because you did not fulfill the terms of your J-1 visa, but again this is a gray area in the law and only a competent attorney will be able to help you out on this...

Edited March 15, 2006 by zyggy

[meauxna 15]

Ditto to zyggy's post. No one here is in a position to reassure you.

[indreams 0]

I agree with zyggy - your situation is too complicated for a message board to give you an easy straight answer You need to at least seek advice from an immigration lawyer or USCIS itself before deciding what to do. Once you figure out how to begin, feel free to ask questions about the rest of the process. I know this is SO not what you wanted to hear but VisaJourney was the first place I went asking for questions & was quickly told that I needed to seek advice somewhere else first. Good luck! You'll be in my thoughts.

[darena 0]

Thanks guys for all your replies.

I figured it out, I am going!

I did a big research - it all applies to people who got to US illegally, or overstayed here.

But I have different situation, I have always been in status and that's the most important thing.

USCIS site doesn't say anything about illegal work and traveling , neither other immigration sites do. Plus when I was working with my attorney long time ago, she was going to do AP for me. And she knew my situation.

So I am going, I will make the appointment with some attorney a lit bit later, just reassure myself, but I think, I a safe.

The other thing is bothering me. What if they schedule my GC interview while I am in Russia???

Do I have to rush back to US or somehow it is possible to reschedule.

Again, thank guys

[Kez/JWolf 6]

You would have to come back.... failure to attend your interview is only an option if you are so ill you cant make it or are in court or in hospital... You could try to rechedule it but you may end up waiting many more months...

On the travel issue I would not even chance going as an AP is no gaurentee of entry to the US... To have come this far and mess it up by going out of the country when if you just wait a few more months you will be able to travel freely with no worries about being deneid entry.. seems to me the better way to go...

IMO

Kezzie

[JubJub 0]

Past illegal work/presence is forgiven to spouses of US Citizens, but only when your AOS is approved, and you have the 551 stamp in your passport. It would be extremely dangerous for you to leave before that time. You need to work out if the risk is worth it.

Generally the best airfares are found when you book well ahead, when you book last minute you almost always pay a heavy premium, as this is a segment usually booked by business travellers who must get there the next day. Also you have no gurantee that any tickets will be available.

Looks like Charleston, S.C office is processing AOS submitted on 02/01/2005, so it could be 12 months or more before you AOS is decided.

[nyc 0]

I got here through Work and Travel summer program. The first three months of my being here I was working legally, since I had SSC and I was authorized to work for anybody I wanted to.

Then I switched to J-1 trainee status. I was supposed to work only for one employer, he didn't really care and let me work for anybody I wanted. So I had spent 18 months on this status. Then, when it was about to expire, I switched to tourist status and spent 6 months in US on the tourist status. After that I married my boyfriend and applied for AOS and everything else.

So for about 24 months I had been in status but managed working illigaly , showing my employers only SSC but not providing them with my work authorization papers.The government knows my illegal work since I honestly wrote everything in G-325 form.

Before I married my boyfriend I was going to get my GC trough employment. I had an employer who was sponsoring me for GC. The attorney I was working with told me that I could apply for ADvance parole and would not have any problem with coming back to US. But whoever I ask tells me that it is dangerous but doesn't provide me with any specific information.

I could not find any specific information about Advance parole and elligal work on UCSIS site as well.

If somebody has some information, please, share

I am almost convinced that AP has only illegal stay restrictions, not illegal work.

[kerewin21 2]

On the travel issue I would not even chance going as an AP is no gaurentee of entry to the US... To have come this far and mess it up by going out of the country when if you just wait a few more months you will be able to travel freely with no worries about being deneid entry.. seems to me the better way to go...

Just curious... What are the people looking at when you try to re-enter the country with AP that would tell them you had overstayed? I thought they took the I-94 out of your passport when you exited the country, so how will they know from looking at your passport and AP that you overstayed? How would they know that the OP had overstayed?

Just curious and unknowledgeable about the process, if anyone can enlighten me I'd appreciate it.

[gimygirl 0]

obviously she's made up her mind ... not even sure why she posted here really.

you've waited this many years without returning home, but it's your life. personally, i would wait the few extra months until i safely had a GC in my hand.

bottomline, having AP does not guarantee entry back into the US.