AP for pending 485 while overstayed visa

L

Laz

Registered Users (C)
Turns out my wife's case status is still pending after the interview. My question is, would it be safe to request AP, as she has to visit her sick father. I am a USC and she had overstayed her I94 by a couple of years.
I read that it is not advised, but its not clear if it makes a differece if it is a family emergancy, or if petitioner is USC...etc.

Any advice will be greatly appriciated

TIA
Laz
 
Laz said:
I am a USC and she had overstayed her I94 by a couple of years.
I read that it is not advised, but its not clear if it makes a differece if it is a family emergancy, or if petitioner is USC...etc.
Click to expand...

Not only is it "not advised", were she to leave the US before her I-485 approved, she would not be able to re-enter until 2015. Don't waste your time and money with AP.
 
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