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Filed: AOS (pnd) Country: Romania
Timeline
Posted

I camed in usa with a J1 viza last summer and I got married with an american, my viza expired in octomber and I'm just sending now the papers for AOS(had lots of problems with finding information), do you think that I can still use the advance parole for traveling. I was thinking that I could give an explanation for why I'm filling so late(again I had problems with information) and also I could give a good reason why I want to travel(my mom is sick).do you think I have a chance? :unsure:

6/26/2005 arrived to us with J1

9/09/2005 got married

05/03/2006 send I-485,I-765 and I-130 to Chicago

05/12/2006 received Rejection Notice on I-130

05/15/2006 received Rejection Notice on I-485 and I-765

05/20/2006 send papers again

05/22/2006 USCIS received the forms(1)

06/01/2006 NOA1 for all 3 of them(11)

06/05/2006 TOUCHED(15)

06/15/2006 letter with biometrics appointment(25)

06/17/2006 I-130 and I-765 TOUCHED(27)

06/20/2006 biometrics taken(30)

06/21/2006 I-485 and I-765 TOUCHED(31)

07/27/2006 received letter with interview date set for september 29(68)

08/03/2006 I-765 TOUCHED(75)

08/09/2006 I-765 aproved(81)

08/11/2006 got work permit in the mail(83)

08/17/2006 I-765 TOUCHED(89)

09/02/2006 I-130 & I-485 TOUCHED(105)

09/29/2006 interview in Philadelphia APROVED(132)

10/05/2006 letter with I-130 approved(138)

10/05/2006 welcome letter(138)

10/09/2006 Green card in my mailbox(142)

PACE

Filed: Country: Romania
Timeline
Posted

I would very strongly advise you not to do that. Since you visa expired in October, you have been out of status. This shouldn't be a problem for your AOS, but, if you were to leave before you get your Green Card, there is a very high chance that you won't be allowed back into the US. Please, just wait until you are a permanent resident!

Good luck!

US Citizen since August 09.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Leaving: Bad idea.

Being out of status has serious ramifications for leaving and entering the US, including 3 and 10 year bans for re-entry. I don't know your specific case and the details for that, probably only a qualified immigration attorney versed in the penalties of being out of status can tell you for sure.

However, just like most documentation, advanced parole does not guarantee you re-entry to the US. An immigration officer or border/customs person could tell you "No" and there's not much you can do about it.

You're in the US and your AOS is about to be in progress; once the AOS is filed, you're no longer out of status while staying in America but that protection may not apply if you leave its borders.

The others have emphasized a very important point I agree with: you're better off waiting until you have your green card in hand before leaving.

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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