Advance parole--out of status

[bkms]

I am out of staus cos my employer hasnt paid me in h1 b for some time.

I am applying for GC thru my USC wife.Can i travel in advance parole once i get it....?

what are the repercussions due to my out-of status on AP travel....?

 

[envision]

I am out of staus cos my employer hasnt paid me in h1 b for some time.

I am applying for GC thru my USC wife.Can i travel in advance parole once i get it....?

what are the repercussions due to my out-of status on AP travel....?

If you have been out of status for 180 days or more, don't even bother applying for AP. You will be subjected to 3-10 year bar upon your return (it all depends on how much time you were out of status). USCIS will take your money and give you the travel document, but turn you away at the POE on your return.

 

[bkms]

what about my GC thru my USC will that be ok if am out of status...?

 

[TheRealCanadian]

If you have been out of status for 180 days or more, don't even bother applying for AP. You will be subjected to 3-10 year bar upon your return (it all depends on how much time you were out of status).

No, this is not correct. The 3/10-year bars are only triggered if one is illegally present, not out of status. The two are different things. You generally do not become illegally present unless you overstay an I-94 or USCIS formally determines you have violated your H-1 status.

However, any time there is a possibility of the 3/10 year bars being triggered, I would suggest seeing an attorney.

 

[bkms]

can i still apply for GC even thou am out of status.If i dont go out of the country till my AOS is approved....

 

[bestpal]

You need to wait until you get the actual plastic, then you can travel.

 

[TheRealCanadian]

can i still apply for GC even thou am out of status.If i dont go out of the country till my AOS is approved....

Yes. You can, since you are married to a US citizen.

 

[TheRealCanadian]

You need to wait until you get the actual plastic, then you can travel.

Again, if he has not been illegally present, your statement is incorrect.

 

[bestpal]

Again, if he has not been illegally present, your statement is incorrect.

Just to be on the safe side because you never know what an immigration officer at the POE will do to you base on "out of status".

 

[TheRealCanadian]

Just to be on the safe side because you never know what an immigration officer at the POE will do to you base on "out of status".

According to that logic, you should never travel before citizenship because you never know what an officer at the POE will do to you. You are never guaranteed entry as an alien.

 

[faith4u]

Yes you can

yes you can trave on advance parole, I did it a week ago. and didnt had any problem. Goodluck in future.

 

[bestpal]

According to that logic, you should never travel before citizenship because you never know what an officer at the POE will do to you. You are never guaranteed entry as an alien.

The truth is that I do have a friend that were out of status and travel with AP and got stopped at POE but haven't have the plastic yet. It is not something I made up. real story. So, just to be on the SAFE side, wait till you get your plastic GC then travel and you'll be worry free.

and..

to answer you point of view. As a GC holder, you are guaranteed entry as long as you did not violates any immigration laws.