Question about Advance Parole with an overstay

[KayDeeCee 4,896]

Why should you advice for someone to circumvent the ban? Shouldn't there be legal repercussion if you break the rules?

What ban? What circumvention? You do not appear to understand how time bars work.

They are legally eligible to apply for AOS. The end.

[squareleg 69]

You never mentioned the "little" fact that you have been here illegally since 2012 in your other thread. I can say without a shadow of a doubt it will appear like a marriage in order to obtain a green card to an IO. You have been in overstay for 4 years, you are married yet you have never lived together and don't plan to do so until at least a year from now and you are blaming your separate living arrangements on a sleep disorder. If it looks to me and others here that you married because you have been in overstay for so long, how do you think immigration will view it? Trying to blame the fact that you can't live together on a sleep disorder is just bizarre, you could rent a 2 bedroom apartment and sleep in separate rooms. Immigration does not care that you would need break your leases in order to live under one roof, especially since you have stated more than once that you both make a substantial amount of money and money is not a factor. Your case keeps getting curiouser and curiouser

Well written post....may be we should get pop-corn for the show! It keeps getting interesting!!

[Hypnos 6,578]

Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a pending I-485 and a valid Advance Parole. Your lawyer is poorly informed, and you should consider dropping them if they've made this elementary mistake.

Your other thread might make things a little more interesting for your actual AoS interview, however.

Edited June 30, 2016 by Hypnos

[wheresthebeef29 5]

You never mentioned the "little" fact that you have been here illegally since 2012 in your other thread.

It doesn't matter. Also I have not been here since 2012 illegally. I entered here in 2012 on an H1-B visa. It expired in 2014.

[squareleg 69]

H1b visa is only valid if the visa holder is employed. The expiration date on visa is not to be taken as legal right to stay in the US of A.

If the employment is terminated, the employer informs USCIS to revoke the visa. Hence, the expiration date on visa is not valid.

[wheresthebeef29 5]

H1b visa is only valid if the visa holder is employed. The expiration date on visa is not to be taken as legal right to stay in the US of A.

If the employment is terminated, the employer informs USCIS to revoke the visa. Hence, the expiration date on visa is not valid.

It expired when I left my job in 2014.

[squareleg 69]

It expired when I left my job in 2014.

Great. Then you shouldn't have any problems associated with your H1b.

You could have just opted to file for greencard through H1b. Much easier option. (based on personal experience).

Good Luck!

[wheresthebeef29 5]

Great. Then you shouldn't have any problems associated with your H1b.

You could have just opted to file for greencard through H1b. Much easier option. (based on personal experience).

Good Luck!

I know. Hindsight, ey. Thank you!!!

[njs051914 52]

It doesn't matter. Also I have not been here since 2012 illegally. I entered here in 2012 on an H1-B visa. It expired in 2014.

So you have been out of status since 2014? 2 years? That's how long you said you have been with the man you married but don't live with.

Interesting.

[KayDeeCee 4,896]

Why does the OP appear to be on trial here for daring to ask questions? Shouldn't the decision on their case situation be up to the IO and not VJ members?

[wheresthebeef29 5]

So you have been out of status since 2014? 2 years? That's how long you said you have been with the man you married but don't live with.

Interesting.

You think? I left my job at the place we both worked at after it was discovered that we were in a relationship. It was not a fun time. That said, I am asking for insight from people who have been in a similar position to me -- i.e., for this post, disagreeing with attorney re filing for AP.

As an aside:

I was so upbeat last night about people's helpful (and candid) responses. Now I am utterly stunned and honestly devastated at how many people are so quick to use this forum as an opportunity slam someone else's marriage. Why don't the people who "suddenly" married their online boyfriend a week after coming in on a WVP get trolled like this?! Man. I feel sick.

[Cheezees 1,514]

Why does the OP appear to be on trial here for daring to ask questions? Shouldn't the decision on their case situation be up to the IO and not VJ members?

Because VJ members have had experience with IOs (and the OP has not had any) and are relaying the kinds of issues the OP may encounter. Since this is a DIY site, I think most members who have responded are trying to help the OP get their ducks in a row. I also think it is a bit naive to think that the "grilling" here will be any less than that of an IO. I am happy that the OP is facing these kinds of questions now and that they didn't wait until their interview to hash these issues out.

[wheresthebeef29 5]

Why does the OP appear to be on trial here for daring to ask questions? Shouldn't the decision on their case situation be up to the IO and not VJ members?

Thank you. Seriously. I am gobsmacked and absolutely gutted by this reaction!!

Clearly made a mistake asking anything

When will I ever catch a break. I was just trying to get advice from people who have been through this.

[njs051914 52]

Why does the OP appear to be on trial here for daring to ask questions? Shouldn't the decision on their case situation be up to the IO and not VJ members?

Do you not think it's possible that the IO would question it?

As for the trial mentality, I'm shocked you have over 18,000 posts here and still seem to be surprised. I havent been on for a while, but such was a weekly occurance when I was here last.

Why don't the people who "suddenly" married their online boyfriend a week after coming in on a WVP get trolled like this?! Man. I feel sick.

They do.

Edited June 30, 2016 by njs051914

[EM_Vandaveer 2,417]

Last I checked...overstay is not legal...else they wouldn't issue visa with term/duration. Of course, there is always a loophole versus doing things legally. VJ is not for circumventing the process.

^^ posts - it's a free forum. One is allowed to post what they like. So if you don't like my posts then, please ignore them.

Now coming back to the thread - OP can return to their country and start the process legally to immigrate.

OP does not have to return to their country, they are allowed to stay & AOS.

Indeed returning without pending AOS & an AP in hand would be extremely unwise as it would trigger a 10-year bar so the visa would be denied at interview at the Embassy, a waiver would have to be filed & granted before OP could get a visa.

So yeah, you can post whatever you want but maybe warn OP of the consequences of following said advice.