Applying for Advanced Parole - Question

G

GC72now

New Member
Gurus, please help me with the following question. Thanks in advance.
I am applying for AOS, forms I-130 and I-485, as a spouse of a citizen. I came to the USA as a visitor and have overstayed my visa for more than 180 days. I understand, but please correct me if I am wrong, that my out-of-status will be forgiven since I am applying as a spouse of a citizen, right?
Also, am I eligible for an Advance Parole? Can I send I-131 along with my I-130 and I-485? Does the same kind of "forgiveness" apply with Advance Parole? I was planning to travel outside the US. Please answer my question. Thanks
 
Do not even think about applying for an AP document. Since you have overstayed for more than 180 days, you are not eligible for AP. However at times, USCIS has (erroneously) issued an AP document to an applicant like you. Upon using the AP document, those applicants have not been allowed back into the US. So stay put in the US until you have your green card.
 
GC72now said:
Gurus, please help me with the following question. Thanks in advance.
I am applying for AOS, forms I-130 and I-485, as a spouse of a citizen. I came to the USA as a visitor and have overstayed my visa for more than 180 days. I understand, but please correct me if I am wrong, that my out-of-status will be forgiven since I am applying as a spouse of a citizen, right?
Also, am I eligible for an Advance Parole? Can I send I-131 along with my I-130 and I-485? Does the same kind of "forgiveness" apply with Advance Parole? I was planning to travel outside the US. Please answer my question. Thanks
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Your out of status will be forgiven only to make you eligible to file I-485 but NOT the I-131. If you leave the US and try to re-enter using your AP, you can bet that your entry will be denied and you will be banned from re-entering the US for 10 years. so dont even think of applying for an AP.
 
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