about to hit the 6 months overstay, can I still get Advance parole? (merged threads)

[phd1974 17]

Look up Matter of Arabally

From what I read, that case - the couple applied for AOS and THEN got AP and left .... from what I read so far, this person came on a tourist visa, it expired, has not filed for anything else and wanted to get AP. If I am missing something from this, please educate me. From what I see, nothing is mention of the person actually filing for AOS .... the OP afterwards insinuated that AOS was filed already.

[Transborderwife 4,666]

From what I read, that case - the couple applied for AOS and THEN got AP and left .... from what I read so far, this person came on a tourist visa, it expired, has not filed for anything else and wanted to get AP. If I am missing something from this, please educate me. From what I see, nothing is mention of the person actually filing for AOS .... the OP afterwards insinuated that AOS was filed already.

One wouldn't get ap in their situation without an aos filed so I'm not certain that I see your logic

[phd1974 17]

Obviously he is talking about applying for Advance Parole with AOS. How else would he apply for Advance Parole?

You can technically try to apply for AP, without AOS ...it is possible, but I see you point. I will assume then that they will be applying for AOS ...

[Transborderwife 4,666]

You can technically try to apply for AP, without AOS ...it is possible, but I see you point. I will assume then that they will be applying for AOS ...

Not on a tourist visa you can't.

[phd1974 17]

Not on a tourist visa you can't.

Yeah, that was kinda what I was pointing to initially when I said that I doubt that he would get AP (then you said Look up Matter of Arabally) ... I was just looking at it from the angle that it was a tourist visa, expired, and he was talking about filing AOS, (quickly), but had not done so as of yet .... talking about using AP ... which, even with AOS filing, if he was trying to get it within 6 months of his expiration, if it mattered, I doubt he would have gotten it when he wanted it anyways with the normal wait time to get EAD and AP. But as you stated, he will file AOS, and he does not have to worry about the 6 months he was talking about.

[Hypnos 6,578]

It seems clear (now) that the OP means "filing for AP alongside AoS"; they have no other basis upon which to file for AP.

[kennym 275]

Here's the thing, even if you receive your AP, it does not gaurantee you will be allowed re-entry if you leave the country based on your overstay...

So, if you leave the county while waiting for AoS, be prepared to be denied entry.. which will then require you to re-apply for admission either as a spouse or fiancee...

Very risky...

[caliliving 606]

Why do you need AP? are you planning on traveling? honestly, you came here and you overstayed.. get marreid and dont leave until you get your greencard!!!! overstay IS forgiven if married to a USC but i personally would not be traveling on that!!!!! i mean, if you want to travel then you should have gone home, filed for K1 and came on a fiance Visa and then applied for AP + AOS at the same time:/

Seriously, stay.. apply for AOS and dont leave until you get it.. i wouldnt be worrying about 'traveling' at this point.. if you need to travel, you havent overstayed so go home and apply for your K1 or CR1 from home:/

[caliliving 606]

The case is successful AFTER you have the greencard approval notice:/ Honestly, you are already in the USA and as long as you did not have any intent to get married BEFORE you crossed teh border i really suggest you just stay and file the appropriate paperwork and dont leave until your greencard is in your hand. if you leave after you overstayed, you have a huge chance of not getting back in. if you want to go home you can do that too, but it can take 1year to file for K1 or CR1. If you are from a high risk country, that can be much longer.

The greencard processing while in the USA in oakland (if that is where you are from) looks like 6 months.

[newacct 688]

Here's the thing, even if you receive your AP, it does not gaurantee you will be allowed re-entry if you leave the country based on your overstay...

So, if you leave the county while waiting for AoS, be prepared to be denied entry.. which will then require you to re-apply for admission either as a spouse or fiancee...

Very risky...

Yes, AP does not guarantee entry, in the sense that nothing absolutely guarantees a foreigner entry. A visa doesn't guarantee you entry either. But AP is less risky for entry than a visa because there are a lot less reasons (e.g. immigrant intent is not one of them) why you can be denied entry on AP.

Why did you say "based on your overstay"? The overstay does not have any effect on whether they will be allowed entry. If they are to be denied entry, it must be for something other than the overstay.

if you leave after you overstayed, you have a huge chance of not getting back in.

Not if you have AP.

[caliliving 606]

Yes, AP does not guarantee entry, in the sense that nothing absolutely guarantees a foreigner entry. A visa doesn't guarantee you entry either. But AP is less risky for entry than a visa because there are a lot less reasons (e.g. immigrant intent is not one of them) why you can be denied entry on AP.

Why did you say "based on your overstay"? The overstay does not have any effect on whether they will be allowed entry. If they are to be denied entry, it must be for something other than the overstay.

Not if you have AP.

OK newacct is very knowledgable. Then if overstay does not affect AP you are fine:)