Advance Parole with I-601 waiver.

JC_

Registered Users (C)
I'm well aware that if I travel on AP before first getting a green card I would be subject to a 10 year bar upon returning to the U.S., (depending on the discretion of the officer of course.) So is it possible to file a I-601 waiver to seek pardon for the overstay?
If granted would this work with AP? Anyone here ever did this before?
 
The I-601 is adjudicated in conjunction with the I-485 as it is an option for someone seeking an IMMIGRANT admission or adjustment. You might be able to leave and return and then file after the fact [that is risky becauase you might be refused re-entry] OR be stuck abroad until the Consular Processing is completed in the alternative. You cannot get the I-601 done before the I-485 or alternate Consular Processing. An I-601 is not a foregone conclusion just because you are married to a USC. However, staying put means that no waiver for unlawful presence is required to get the greencard. Travel at your own (and your family's) risk.
 
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