AOS and Emergency I131 Travel when overstaying

[Holleyn 2]

Hello all,

 

I have my AOS and i131 travel doc pending as a Canadian citizen. My i131 is currently pending emergency expediting due to family emergency. My question is, since my AOS has been pending I have now overstayed my initial visitor visa period. I understand the i131 is supposed to give me advance parole to allow me re-entry, but I am also reading that my overstay may not guarantee my re-entry and possibly result in a ban (even with the i131)???

 

Just wondering if anyone else has been able to successfully travel and return with an i131 after overstaying your initial visitor visa? Anyone with feedback on travelling particularly from US - Canada would be helpful as well. TIA

[Crazy Cat 42,032]

5 minutes ago, Holleyn said:

but I am also reading that my overstay may not guarantee my re-entry and possibly result in a ban (even with the i131)???

Source, please?

[Letspaintcookies 2,310]

You filed your AOS and it was received before the end of your allowed stay? Then you're golden. Every K1 and almost everyone adjusting from a tourist visa would be an overstayer ( and yes technically we are ) but it won't be hold against us since we're forced to and what you plan is exactly what AP is for. Don't worry. Just carry all your documents ( receipt notices, marriage certificate ) and you'll be fine.

[Holleyn 2]

4 minutes ago, Crazy Cat said:

Source, please?

https://www.avvo.com/legal-answers/overstay-i-131-1948660.html 

 

https://www.alllaw.com/articles/nolo/us-immigration/advance-parole-traveling-adjustment-status-applicants.html - "Having Advance Parole granted does not mean you are guaranteed permission to re-enter the United States. It just means that you haven't abandoned your Adjustment of Status application."

 

I wasn't planning on travelling until my GC was approved, but I now need to travel due to family emergency - But this conflicting info is kinda scary. so wondering if anyone has had any experience travelling with an i131 after they had overstayed their initial visa. 

[Letspaintcookies 2,310]

Nobody is granted entry except for US citizens and Canadians with at least 50% native American heritage ( please somebody give me the correct wording, don't know how to say it better ) but that doesn't mean that AP does not work. VJ is full of people who successfully returned on AP and like I said above most of them would be 'overstayers'.

Edited November 9, 2021 by Letspaintcookies

[Crazy Cat 42,032]

7 minutes ago, Holleyn said:

https://www.avvo.com/legal-answers/overstay-i-131-1948660.html 

 

https://www.alllaw.com/articles/nolo/us-immigration/advance-parole-traveling-adjustment-status-applicants.html - "Having Advance Parole granted does not mean you are guaranteed permission to re-enter the United States. It just means that you haven't abandoned your Adjustment of Status application."

 

I wasn't planning on travelling until my GC was approved, but I now need to travel due to family emergency - But this conflicting info is kinda scary. so wondering if anyone has had any experience travelling with an i131 after they had overstayed their initial visa. 

That looks like a few attorneys trying to scare people.  I can't think of a single person with approved Advance Parole being denied entry.  EVERY person who has a valid AP document has overstayed their initial I-94.  Did you see this attorney answer in that same article?  Read his first sentence:

 

Edited November 9, 2021 by Crazy Cat

[Holleyn 2]

5 minutes ago, Letspaintcookies said:

Nobody is granted entry except for US citizens and Canadians with at least 50% native American heritage ( please somebody give me the correct wording, don't know how to say it better ) but that doesn't mean that AP does not work. VJ is full of people who successfully returned on AP and like I said above most of them would be 'overstayers'.

 

6 minutes ago, Letspaintcookies said:

Nobody is granted entry except for US citizens and Canadians with at least 50% native American heritage ( please somebody give me the correct wording, don't know how to say it better ) but that doesn't mean that AP does not work. VJ is full of people who successfully returned on AP and like I said above most of them would be 'overstayers'.

Thank you both, that does make me feel a bit better,  I too found it hard to believe as most i131 travellers would have overstayed. You're right, probably just some lawyers trying to scare ppl into thinking they need to use their services.

 

 

[Chancy 6,243]

*** Moved from Bringing Family of USC forum to Working & Traveling During US Immigration -- topic is about travel with AP ***

 

[Letspaintcookies 2,310]

Try not to make it on Interpol most wanted while you're gone but other than that there shouldn't be a problem 😂