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melon grapefruit

Advance Parole while waiting for Adjustment of Status

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Filed: Other Country: Canada
Timeline

Hello, I am Canadian and entered the US on a B-2, met my husband and got married before it expired. This was a year ago and we are in the process of waiting for my adjustment of status to become a permanent resident. I have received my work authorization and my Advance Parole travel document has been approved. I want to visit Canada but would like to ask if anyone has been in a similar situation. Were you allowed to re-enter the US. The document states that I am able to re-enter multiple times until 2018 but it also says that if there is an unlawful presence (overstayed visa), one may be inadmissible for 10 years.

 

Please let me know your experiences. It is very much appreciated. Thank you

 

Edited by melon grapefruit
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Filed: Citizen (apr) Country: Canada
Timeline

You're probably okay, of course you can always wait until you have your green card if you're too paranoid about it.

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

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*~*~*moved from "Adjustment of Status" to "Working and Traveling" as question relates to overseas travel during AOS process*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a pending AoS application and who has also been granted Advance Parole. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Other Country: Canada
Timeline

Thank you for your reply. 

 

To clarify, I am awaiting my green card as I am a Canadian, married to an American. 

 

My b-2 visa expired in April 2016 and am waiting for my adjustment of status. 

 

Im pleased to here that I may not be banned due however it's important that I be allowed re entry with my advance parole as my husband is here. Im only going to Canada as my father is very sick. 

 

Thank you you for your help. 

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Filed: Other Country: China
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The expiration date of your visa is not relevant.  Any overstay would have begun the day after your allowed stay of six months ended.  Regardless, you are most likely good to return.  I always advise people to avoid actually using the Advance Parole unless the trip is really necessary.  

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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