Advance Parole

[levirroh 0]

Hello guys

I have a doubt about being able to travel with my Advance Parole.

I entered the United States on 11/08/2015 on a valid b2 visa, and got married on 04/31/2016

My PD is 05/03, four days before my visa expired

I wonder if I can travel even though overstaying my visa
Am I overstaying my visa?
What is the chance of me being able to come back?

Can I be deported and receive the barrier of 3 years?

please, Help me, please!
I have a lot of things to do in Brazil, close accounts, sell stuff, and see my family.

[SincerelyMeike 52]

I am assuming your b2 is expired correct?

PD = petition date?

[NikLR 13,227]

PD is priority date.

Do you have AP? If yes, then yes you can travel. If not, then no.

a 3 year ban is for if you stay overstay for 180 days. A 10 year ban is if you overstay for 365 days.

So if you've already filed your AOS, then you are legally allowed to be in the USA and are not overstaying right now.

[levirroh 0]

So you guys think I won't have any problems coming back?

I read somewhere that if I overstayed I can't use my AP

I don't have the advance parole yet, But I already applied for it and I hope I'll get it.

Thank you so much for the answers!

[p-ana 933]

Most likely you won't have any problems

[newacct 688]

1. You have never accrued any unlawful presence. You do not accrue unlawful presence while AOS is pending

2. Even if you have accrued years of unlawful presence, that does not affect your ability to travel on AP and come back

[Soley 73]

I am in the same situation. I also got in on a B-2 visa and got married some months afterwards. We sent in the AOS yesterday

And I would love to travel to my country sometime this summer to take care of business, my stuff and see my family.

From all I have read, once you have the Advanced Parole you should be able to travel.

Like everyone else said: you came in legally and you did not overstay as the moment you apply for AOS you should not even leave.

There are two little concerns here:

We asked advice from a lawyer before we did everything ourselves. He said the AP is not meant for extensive travel and he had a couple having problems because they stayed away too long (a month). In the meantime they missed the interview... so then you can start all over again.

I wonder about the experiences of other people here. How long they stayed away on the AP.

Also: it says with all the Advanced Parole instructions that it's not a guarantee you will be let into the country again.

But they say that with the VIsa's and Esta's as well so I think in a normal case they would let you back in as your petition is still being processed.

Good luck and hopefully you get your AP soon!

[p-ana 933]

You should be able to get back in with no problems... But cbp officers are known for their erratic behavior, so I wouldn't say 100% chances

[KayDeeCee 4,893]

https://fam.state.gov/fam/09FAM/09FAM030209.html

9 FAM 302.9-14(B)(2) (U) Time Frames
(CT:VISA-74; 03-03-2016)
...
c. (U) 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)(B)(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 regardless of 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.)