AOS Help! Out-of-Status and Advance Parole?

Z

zelda

Registered Users (C)
Hi I am currently filing AOS form (married to a US citizen living in US, currently out-of-status for a few years) and I would like to know if I will be able to apply for AP or not?
Would be being out of status for long periods of time have any effect on being granted AP? If I travel could I be ban from re-entering the US for 3-10 years:eek: ? Any information would be helpful you guys. Thank you to everyone who has taken to time to read and response to my questions. :)
 
You can still apply for AP. You will probably be granted AP, but in your situation is advisable not to leave the country until you get the GC in hands. It's kind of risky. Any lawyer will advise you that. I have no idea for what reason, but if travel even with AP you can still be banned at first port of entry.
That's presumably, there might be lucky guys out there who have traveled in these circumstances (I mean illegal status before filing for AOS)
Good luck
 
It is advice that read on the instructions for the AP the part of Warning/Note in the form about unlawful presence.

In many cases they grant the travel document even the person has accrued more than 180 days of unlawful presence (this is because apparently the grounds of eligibility for the AP doesn't include this!!! smart? no.). But in any case even with the travel document doesn't mean that you are exclude to be bar from the country, since the officer at the port of entry is the one who will look this and can say nop and he is the one who has the last word.

The bar for 180 days is 3 years, for 1 year is 10 years.

Good luck,
 
Apart from all the truth stated above, I just want to share what I have read in either this or other forum.

There was a lady who is out-of-status and granted AP. She somehow managed to visit her family aboard and returned with no problem at the port-of-entry. But during her interview day, her AOS was denied because of her travel aboard which trigger the 3/10 years ban. Althrough her case shall be approved if she did not travel at all, she is now in the deportation proceeding.

I have not followed her case since. It must have been about two months ago. She is planning to fight in the immigration court with a lawyer. Don't know the outcome yet.

So, save your money on AP application and forget about travelling aboard until you have your GC in hand. More importantly, save yourself the unnecessary pain and frustration. Good luck.
 
I know that this is a very old thread. I just want to mention in case anyone comes across this, that this is no longer true, as of 2012. You will not be barred for unlawful presence if you have an Advance Parole. Google for the Matter of Arrabally.
 
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