How do you know if you overstayed (F1) or trigger a ban with AP?

[azblk 338]

23 minutes ago, Teemo said:

How so? How else would you expect them to use a background check? 

I started a another thread in general forum we can continue this there.

[Coco8 1,042]

7 hours ago, e_xterrixx said:

First AOS was denied in June 2016, second AOS application is still pending. ... going on vacation with their AP and I'm only going to visit my parents in my country!

 

I don't want to trigger a ban but also want to (desperately) see my Father!

 

The issue is if your AOS gets denied again while you are outside of the US. Do you know why your first AOS was denied and has that issue been resolved? That would give you more peace of mind.

[GEOntificator 282]

7 hours ago, e_xterrixx said:

Hi Guys,

 

Hoping someone can shed more light on this. I came on an F1 (completed it without problems or overstays and got OPT EAD), got married to USC and started AOS. First AOS was denied in June 2016, second AOS application is still pending. I just received my renewal EAD and AP documents and intending to travel in end of Aug-Sept. How do I know if I've overstayed my status or done anything (trigger a ban) that warrants additional scrutiny on my way back? I spoke to my attorney yesterday and he said I have not based on his calculations and you will only trigger a ban if you've overstayed 6months - 1year. Is this correct? Can they ban you even though married to a USC?. I read about people going on vacation with their AP and I'm only going to visit my parents in my country!

 

I don't want to trigger a ban but also want to (desperately) see my Father!

Unless you ABSOLUTELY have to travel, I would not risk it. 

[mushroomspore 3,044]

2 hours ago, Coco8 said:

 

The issue is if your AOS gets denied again while you are outside of the US. Do you know why your first AOS was denied and has that issue been resolved? That would give you more peace of mind.

Also curious as to why the first application was denied. 

[Teemo 252]

3 hours ago, Coco8 said:

 

The issue is if your AOS gets denied again while you are outside of the US. Do you know why your first AOS was denied and has that issue been resolved? That would give you more peace of mind.

Hmm. I haven't really heard of people being denied AoS AFTER they were granted EAD/AP but BEFORE the interview. There is no extra information on which to be denied on. 

[Teemo 252]

3 hours ago, kvito28 said:

Unless you ABSOLUTELY have to travel, I would not risk it. 

Why not? This is not based in fact or reality, just a feeling, right? I understand it can be nervewracking, but both established law and the sheer numbers of overstays entering with AP everyday are the logical reason why it's not a meaningful risk

[caliliving 606]

If your AOS gets denied while you are away - you are screwed! dont risk it!

[azblk 338]

41 minutes ago, caliliving said:

If your AOS gets denied while you are away - you are screwed! dont risk it!

In almost all denials the petitioner is sent a notice of intent to deny before their case is denied. that should give them enough time to return before a case is denied.

[SamSam85 47]

On 5/23/2018 at 10:43 AM, geowrian said:

Only USCs are guaranteed entry.

Being married to a USC does not affect whether you get a bar upon exit or not.

Exit with a valid AP will not trigger a bar due to unlawful presence.

Bars start at 180 days of unlawful presence.

usually F-1 applicants are admitted as D/S, so you would not start accruing unlawful presence until they have determined that you are in the US unlawfully.

A pending AOS applications tolls the unlawful presence accrued (so you don’t get more while it’s pending).

Hi Friend, If we decide to leave before AOS is adjudicated to pursue Consular Processing, would the time spent before we withdraw AOS be considered unlawful accrual?

[geowrian 22,338]

40 minutes ago, SamSam85 said:

Hi Friend, If we decide to leave before AOS is adjudicated to pursue Consular Processing, would the time spent before we withdraw AOS be considered unlawful accrual?

It should not count against you in terms of unlawful presence, therefore not trigger a bar.