Important question on travel and AP

M

MOM1211

Registered Users (C)
My ex husband has decided to take me to court because he doesn't feel like paying his child support. I am going through AOS, just did biometrics, and have not received the interview letter yet. We filed AOS after my son and I had been here, 6 months and 2 weeks. If I apply for advanced parol so I can go to court, would I be subject to the ban because of the 2 weeks? I have to go to canada for the hearing to plead my side and my lawyer says its best if I appear in person rather than on the phone.

So is it a bad idea, would I be automatically banned because we filed 6 month and 2 weeks after me being here? a 2 week overstay.
 
MOM1211 said:
So is it a bad idea, would I be automatically banned because we filed 6 month and 2 weeks after me being here? a 2 week overstay.
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You are not subject to the 3/10-year re-entry bars unless you overstay by 180 and 365 days, respectively. Were you even issued an I-94, by the way?
 
No I wasn't issued an I-94. When we came here it was only for a visit and we ended up staying. I included that in the package we sent with the forms, a note on why I don't have a passport or I-94. The border we crossed at just asked where we're going and why and then said ok, thanks.
 
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