1-94 and AOS application timing

N

nonseca

Registered Users (C)
Hello,

Our AOS received by USCIS the day my I-94 expired. (Same day), It has been over two years since we had our initial interview but we havent heard anything about approval or denial. (did several info pass but no results).
I recently got my advance parole and i want to visit my parents in my country. my question is; since our I-130 and I-485 recived by USCIS the same day my I-94 expired. if i leave the country, would that be an issue when i come back? under this circumstances do i get 10 year ban? or would it be safe if i leave and come back?

Thank you for your answers.
 
You have to overstay for 180 days to be subject to the 3-year ban, 1 year overstay for the 10-year ban. So you won't be subject to either ban if you travel.

But if you entered the US with the visa waiver program, that may be the reason for the long delay and you may have other problems.
 
Thank you Jackolantern, What do you mean by visa waiver program? I entered the US with B1 visa.

Thank you again.
 
How long have you overstayed? If you don't know whether you were approved or denied then why take the risk of traveling?
It's better to be safe than sorry.... make sure your AOS was approved instead of having assumptions and denied re-entry.

Just my 2 cents.... I am not a lawyer.
 
nonseca said:
Thank you Jackolantern, What do you mean by visa waiver program? I entered the US with B1 visa.
Click to expand...

People from a certain list of countries don't need a visa to enter the US, they can just use their passport and fill out a form. But the visa waiver has more restrictions than B1/B2 visas.

With your 2-year delay, you should prepare to file a WOM lawsuit. Otherwise your case will probably set there for another 2 years or more.
 
Last edited by a moderator:
Thank you for the explanations Jackolantern,
before i left my country i had to go to the US consulate so i just learned with your post that I have a B1/B2 visa not visa waiver. One more question if you don`t mind replying it. How is WOM lawsuit process works? any downsides or any idea about costs and etc?

Thank you.
 
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