WARNING for AOS filers who also file for AP

[Denver422 10]

I have just become aware of certain risks to traveling outside the US if you have more than 6 months of overstay and filing for AOS. I think this is worthy of posting this link so that some who are also unaware of the consequences of traveling outside the US using an AP while waiting for GC, AND have MORE THAN 6 MONTHS of overstay.(for example, The length of time between arriving here on a K-1 and filing AOS is 1 year and you receive an AP) You could be denied re-entry or banned from re-entry for 3 to 10 years if you use your AP!!

If this situation applies to you PLEASE click this link and read all at USCIS

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

[Hypnos 6,577]

This is fairly common knowledge here; I've seen it brought up on these forums numerous times to avoid using AP if you have at least 180 days of overstay.

Matters of Arrabally and Yerrabelly do overrule this, but they are not yet settled law.

Edited March 3, 2013 by Hypnos

[PaolaH 0]

That's interesting! My uncle used his AP to travel back home and was allowed to re-enter even though he had overstayed his tourist visa by many years.

[newacct 688]

That's interesting! My uncle used his AP to travel back home and was allowed to re-enter even though he had overstayed his tourist visa by many years.

Did he re-enter after April 2012?

[PaolaH 0]

Did he re-enter after April 2012?

I think it was in March, actually.

[Denver422 10]

This is fairly common knowledge here; I've seen it brought up on these forums numerous times to avoid using AP if you have at least 180 days of overstay.

Matters of Arrabally and Yerrabelly do overrule this, but they are not yet settled law.

Are there any cases that you know of that anyone has actually been denied re-entry or even banned when trying to return using the AP ?

[Denver422 10]

That's interesting! My uncle used his AP to travel back home and was allowed to re-enter even though he had overstayed his tourist visa by many years.

I'm happy your uncle was able to get re-entry, but I think that after reading the information at USCIS web page I won't take the risk. I'll just wait for the GC.

[PaolaH 0]

I'm happy your uncle was able to get re-entry, but I think that after reading the information at USCIS web page I won't take the risk. I'll just wait for the GC.

I definitely wouldn't chance it either! I'm just surprised he tried it.

[xjoseyx 19]

I didnt know anything about this and im travelling home tomorrow on my AP for the first time. I got my AP at the end of August. Im still waiting for my GC. Im so worried now

[Nich-Nick 3,354]

This part:

If you depart the United States after accruing certain periods of unlawful presence in the United States (

time spent in the United States illegally

) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued.  Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

I don't think there is any illegal time spent in the US by a K1. I think the paragraph is speaking of possibilities when someone overstays on VWP, or a student visa maybe before applying for AOS.

[xjoseyx 19]

This part:

If you depart the United States after accruing certain periods of unlawful presence in the United States (

time spent in the United States illegally

) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued.  Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

I don't think there is any illegal time spent in the US by a K1. I think the paragraph is speaking of possibilities when someone overstays on VWP, or a student visa maybe before applying for AOS.

I really hope so.

[Hypnos 6,577]

I didnt know anything about this and im travelling home tomorrow on my AP for the first time. I got my AP at the end of August. Im still waiting for my GC. Im so worried now

Your timeline indicates that you have no unlawful presence issues (you applied for AoS well before your 90 days of authorised stay expired, and you would need at least 180 days of unauthorised presence to trigger the three year bar).

You should have no issue re-entering using AP.

Edited March 4, 2013 by Hypnos

[xjoseyx 19]

Your timeline indicates that you have no unlawful presence issues (you applied for AoS well before your 90 days of authorised stay expired, and you would need at least 180 days of unauthorised presence to trigger the three year bar).

You should have no issue re-entering using AP.

Thank you so much. I can enjoy my vacation now! I tend to over worry about things lol

[Pinkrlion 2,724]

Your timeline indicates that you have no unlawful presence issues (you applied for AoS well before your 90 days of authorised stay expired, and you would need at least 180 days of unauthorised presence to trigger the three year bar).

You should have no issue re-entering using AP.

Thats what I told him as well.

[Charles C 0]

I don't understand how a K-1 visa would fall under this. There is a lot of conversation on this board about the "status" of a K-1 filer and if they are "out of status" at any time. My wife came here on a K-1 and we married soon. Filing the AOS took longer, but it was accepted (as were the AP and EAD forms). Her I-94 is still in her passport - so if she receives an AP and travels, how can that then be "nullified"? None of this makes sense to me.

Carlos