Overstay, leaving with AP during AOS (merged)

[username1988 0]

I came to America with a B1/B2 visa and I married a USC four months later. It was still 2 months valid at that time. But we started filling for a green card one year later. Can I reentry America successfully with a combo card based on this situation? Thank you all.

Edited July 23, 2018 by Penguin_ie

[JFH 12,190]

Where are you now and what is your current status? 

[username1988 0]

3 minutes ago, JFH said:

Where are you now and what is your current status? 

I am in America and waiting for the combo card and green card. 

[JFH 12,190]

Just now, username1988 said:

I am in America and waiting for the combo card and green card. 

OK, once you receive it you can use it to re-enter the country if you need to leave temporarily. 

 

Overstay is forgiven for spouses of USCs.

[username1988 0]

Thanks JFH

[username1988 0]

I am in America now, still waiting for my green card interview. I want to leave America with the combo card and come back again when I know the interview date. The question is that if I get denied when I reentry, what else can I do? My husband and our baby are both USCs. TIA

Edited July 22, 2018 by username1988

[Alabamak1 688]

1 hour ago, username1988 said:

I am in America now, still waiting for my green card interview. I want to leave America with the combo card and come back again when I know the interview date. The question is that if I get denied when I reentry, what else can I do? My husband and our baby are both USCs. TIA

That is what they give EAD/AP combo card for. To be able to travel with advance parole....the only persons who cannot be denied entry into the US are USC. 

[mushroomspore 3,044]

2 hours ago, username1988 said:

I am in America now, still waiting for my green card interview. I want to leave America with the combo card and come back again when I know the interview date. The question is that if I get denied when I reentry, what else can I do? My husband and our baby are both USCs. TIA

Except it won't be in your favor to be out of the US for an indeterminate amount of time since it's impossible to know when your interview will be. If it was just for 2 weeks, that's one thing. But being away for months looks like you don't want to be in the US as a permanent resident. This info will definitely get back to USCIS. Just something to think about.

[username1988 0]

1 hour ago, mushroomspore said:

Except it won't be in your favor to be out of the US for an indeterminate amount of time since it's impossible to know when your interview will be. If it was just for 2 weeks, that's one thing. But being away for months looks like you don't want to be in the US as a permanent resident. This info will definitely get back to USCIS. Just something to think about.

 

2 hours ago, Alabamak1 said:

That is what they give EAD/AP combo card for. To be able to travel with advance parole....the only persons who cannot be denied entry into the US are USC. 

Sorry. I didn’t explain well. I overstayed here for 15months. I think the combo can’t help for overstaying.

 

2 hours ago, Alabamak1 said:

That is what they give EAD/AP combo card for. To be able to travel with advance parole....the only persons who cannot be denied entry into the US are USC. 

 

[Alabamak1 688]

8 minutes ago, username1988 said:

 

Sorry. I didn’t explain well. I overstayed here for 15months. I think the combo can’t help for overstaying.

 

 

do you have EAD/AP?

[mushroomspore 3,044]

10 minutes ago, username1988 said:

 

Sorry. I didn’t explain well. I overstayed here for 15months. I think the combo can’t help for overstaying.

 

 

The combo card has nothing to do with your previous overstay.

 

My point is that you have a pending case for permanent residency. If you are out of the US for some time (you don't even know how long exactly), it will look like you don't actually want to be a permanent resident. You'll probably be questioned by CBP as to why you were away for a while when you have asked the US government to allow you to become a permanent resident.

 

If you were just going on a trip for 2 weeks, that is an appropriate use of the combo card. You'd be allowed back in, even with your overstay history.

Edited July 23, 2018 by mushroomspore

[username1988 0]

I will just go back to my home country for 1 month. I think overstaying matters. That’s why I asked if I got denied because of overstaying, what would happen?

[geowrian 22,337]

A past overstay won't impact entry on AP.

Every entry until you are a USC is not guaranteed. Barring a reason for denying entry, I wouldn't be concerned.

If denied entry, you would need to obtrain an immigrant visa abroad. ETA: ~12-16 months as the spouse of a USC.

[mushroomspore 3,044]

9 hours ago, username1988 said:

I will just go back to my home country for 1 month. I think overstaying matters. That’s why I asked if I got denied because of overstaying, what would happen?

If it's just a month, then it's fine. Once again, your overstay has nothing to do with your AP. If you weren't allowed to have AP, they would not have given it to you.

[Nitas_man 3,100]

10 hours ago, username1988 said:

I will just go back to my home country for 1 month. I think overstaying matters. That’s why I asked if I got denied because of overstaying, what would happen?

The answer to your question is no, a one month visit to your home country holding valid EAD/AP documents will not trigger any interest at re-entry