Advance Parole out of status question

L

losgringos

New Member
A female comes to the us on a Visitors Visa.

Her I94 expires and she stays in US over 1 year after expiration.

She marries American citizen, they start process of adjustment, she files and receives Advance Parole.

She is out of the country and will be returning soon.

Upon return will she face any problems at border?

My concern is that 1.5 years between the expiration of I94 and her be married and in adjustment process she was out of status.

Will she be banned at the border?
 
If she has been out of status for more than 6 months, she supposed not to return us for 3 years even if her immigration case is in process. AP does not gurantee one to return to US. INS port entry officer could check her record and refuse her to enter the country.
(Check with lawyer)
 
What do you want , Date and time of refusal of entry into US?

AP does not nullify any out of status periods before, even for 10 days let alone 18 months.
All AP holders are subject to secondary inspection when the supervisor is supposed to check for any out of status periods. If you ask whether these secondary inspections have been sloppy and will the supervisor miss the out of status period- you have what they call as wishful thinking.

245(i) is a special act that forgave out of status GC applicants during a particular period. Even they had to wait out of US and try consular processing when they unwittingly stepped out of US with the false confidence of an AP.

Dont flame a genuine respondent.
 
flaming? please read

I was not flaming a respondent, not even close.

I was simply asking if there are specific instances of this actually happening or was this theory and actually didn't happen that often.

Many terrorist have crossed this border if you can remember and no one checked.

So much for getting advise here and getting shot down for asking a question.
 
i think anyone found entering Us with overstay VISA of more then 180 days is barred for 10 years. IF Immigration officer at port of entry finds out then she will be deported. This is clearely mentioned in AP document.
 
losgringos

Hi, I am interested to know if the lady you mentioned is back to the US using AP. I'm in the same boat also, I got my AP but I am out of status and dont want to take the chances to travel abroad and not able to come back cause my I-485 is still pending.
 
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She made it in with no problems

She had all her papers in order. They asked her a few questions and that was it. All her papers were in order. She is really married to an american man and answered all the questions directly and with comfort. One competent attorney told me if they addressed the out of status question they would simply let her in and make her sign a waiver at her green card interview and pay a fine.

Be careful of the advice you get from the internet. You should combine advice with self-study, logic and if you need, consult with a COMPETENT attorney. Just remember, there are good and bad attorneys and some who just want you in their office for the buck. I married an immigrant and after the joke of hiring the bad attorney we had, I dismissed him and we did it all on our own with no problems.

I am sorry some on this board was upset that they thought I "flamed" someone here when I asked if anyone has any specific instances of someone being refused entry for and out of status situation. I like to deal with specifics.
 
What about if you filed your I-485 using 245(i) and you have Advanced Parole? Whats the consequence of travelling and trying to enter the US. Did she filed using 245(i) or not.
 
If the lady you described in your first post in this thread is genuine than definitely what happened at poe is not consistent with INS policy.

You did not take time to appreciate the response of c4napeville, but had the lead sentence " specific instances". When you did not give specific instance in any of your post, how do you expect a responder to give one?

Moderator , I suggest that you find out who this guy is who claims that , a lady was let in without scrutiny while on AP when she had a 1 yr out of status period....
 
It is Unlawful presenc

A clarification


Please understand that any stay beyond the I 94 specified date is counted as "Unlawful presence". It is very different from out of status. Unlawful presence is a serious issue. A person who was out of status gets away once he/she re enters US and during 485 process applies under 245 K. But unlawful presence exceeding 6 months invites a ban of 3 years for re entry and for unlawful presence exceeding 1 year the ban period is 10 years.


PLEASE DO NOT CONFUSE OUT OF STATUS WITH UNLAWFUL PRESENCE
 
Jaxen or somebody advise please?

Hi all,
At one time I extended my wife's visa stamp on the passport . But did not extend the I94 as I did not know the importance of I94. But I extended just my H1 by not including the details of my family(This is also done unknowningly. Company did not ask any details of my family). After I realised the importance of I94, I found that my wife is out of status for more than a year.

Then I talked to a good lawer and filed for I94 extension in VSC.
The attorney projected that my family was innocent and the fault is with the company that should have taken care of. We also enclosed a letter from the company saying that it is the fault of the company. Finally after two months My wife's I94 was extended and interestingly the they issued the same I94 that is expired with the new expiry date.

Now My question to you all is , Being brought back to status , Can she go back to India and come back with out any problems?.

I hope somebody post a reply? I am seeing some knowledgeble people here in the post like Jaxen and co.
 
Extension of I 94 while in the USA

If you get extension of your visa while already in the US, take for ex. a H1 b extension, then along with the Notice of Action, extending the visa, a new I 94 with the same number is issued and the I 94 carries the new expiry date of your visa.

It is your duty as the sponsoror /PA ie., Primary Applicant of your spouse and children, to apply for the extension of their stay. If you make an application for extension of their stay, then the revised I 94 with extended date is issued .
 
SRM- yes she can. However it will be advisable to get the H4 stamp in the passport before coming back in. DOS /St.Louis is ruled out since the past I94 expired a year ago.
 
Jaxen,
You mean she can't extend her visa from St Louis.
Do people who are brought back to status cannot extend their Visas in US?.
 
After a candidate is brought back to status by INS, U need the same thing being done by DOS, by a US consulate outside US, before you can claim revalidation rights with St. Louis. My opinion..
 
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