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Filed: AOS (pnd) Country: Canada
Timeline
Posted

Hello all - I am a tourist overstay granted Advance Parole along with my EAD, received through my marriage to a US Citizen. I thought that people here who have been in the same situation - ie >180 day overstays (and otherwise subject to 3 year or 10 year bar if s/he were to have departed the country prior to receiving  advance parole) who were granted Advance Parole and traveled and came back with no problems could post their experiences here to give the rest of us comfort and confidence. Stories where people were actually denied entry also welcome here, for comparison purposes. Thanks!

Posted

Same situation - overstay over 180 days, married to US citizen.  During the AOS my attorney said he wouldn't even apply for AP since he said it's too risky.  Many people have had no issues coming back in, but there are also people that have had problems.  I personally don't think it's worth the risk.  If it were up to me, I would just wait until you receive your green card unless you absolutely must travel.

Filed: AOS (pnd) Country: Canada
Timeline
Posted

There is a court case that says the overstay should not be the reason of denial. Most CBP officers know this. Hundreds of people a day come in using advance parole, some of whom were overstays or even entered the country illegally. If other people are having problems coming in, it is because of other reasons. I'm afraid your lawyer is an alarmist and overly conservative, to your detriment. https://cliniclegal.org/April2012/Newsletter/Parole

Posted

It "should not be".  However, sometimes it is.  There are a lot of issues in immigration which aren't black and white.  I agree that there may be other reasons that cause problems for people coming back in, but in the end it's just a matter of risk vs. reward.  Unless you are a citizen, nothing is guaranteed.  With the current political climate, everything immigration related is under a magnifying glass.  My lawyer might be overly conservative, but his job is to look out for my best interests.  Even if there was only 1 out of 1,000,000 chance that I'd have an issue, that's reason enough for me not to take the risk so I'm glad he advised me the way he did.  If you're so sure that you won't have problems, I'm not sure why you're on here asking for stories to give you "comfort and confidence", and so dismissive of my comment and advice.  Best of luck in your travels.

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Not traveling on AP is conservative and understandable. Not even APPLYING for it when you are completely able to travel on it and USCIS says so and hundreds of people do it every day is overly conservative to your detriment. I am glad there was no family emergency in your country that you had to leave for and couldn't because then you would have been really pissed at the bad advice you got. If you want more "1 out of 1,000,000 chance that you'd have an issue" advice, I'd recommend you never again cross the street. 

 

Advance Parole SUCCESS OR FAILURE STORIES only please! 

  • 5 weeks later...
Filed: AOS (pnd) Country: Mexico
Timeline
Posted

I would also love to see success/fail stories since hubby will be travelling on AP when he gets approved(10 years oberstay on h2a visa, just filed aos papers last month). He has not seen his daughters for 10 years plus he needs to be there for their passports and whatnot.

 

I have seen more success than fails but it is good to see recent personal stories.

 

PS if it was a fail, what happened next?

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

  • 3 weeks later...
Filed: AOS (pnd) Country: Canada
Timeline
Posted
On 6/7/2018 at 9:28 AM, blue_angel_29 said:

I would also love to see success/fail stories since hubby will be travelling on AP when he gets approved(10 years oberstay on h2a visa, just filed aos papers last month). He has not seen his daughters for 10 years plus he needs to be there for their passports and whatnot.

 

I have seen more success than fails but it is good to see recent personal stories.

 

PS if it was a fail, what happened next?

Please update the thread when this happens and I'll do the same!

 
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