Can I be able to go back?

A

aqualove

Registered Users (C)
Hi guys,
I received an email saying that an I131 approval notice was sent to me. Hopefully I will have it soon. But I now start worrying. I have been out of status for half a year and my reinstatement application is still pending. I want to go back to my country as soon as I have the I131 approval document, but I'm afraid that I cannot be able to get back to the State ( or my permanent resident application will be abandoned) . I haven't been back home for 6 years and I really miss my family.Please give me some advice. Thank you all very much!!!
 
If you have been out of status for 18 months, I advise you not to leave the US until you get your green card.
 
Hi guys,
I have been out of status for about 9 months. According to your information, I can be able to leave the States and come back within this 18 months ? Please please let me know :(
 
An overstay for longer than 180 days gives you a 3 year ban.

An overstay for longer than 365 days gives you a 10 year ban.

Wait until you get your Green Card approved, otherwise it will be denied at the interview, no appeal.
 
aqualove said:
Hi guys,
I have been out of status for about 9 months. According to your information, I can be able to leave the States and come back within this 18 months ? Please please let me know :(
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Yes you can leave. No you wont be able to come back. As you have overstayed so long you have triggered an automatic ban (3 years from the information that you have posted) therefore if you leave before you have your greencard in hand (as other posters have already said) you will be denied entry into the USA. Wait until you have you greencard, and then (and only then) can you go back to your own country.
 
Actually, she may be admitted on the Advance Parole document... but at the Interview for her Green Card, the officer will see that she left the country and apply the ban to her, she will be put in removal proceedings and deported and will not be able to return for 3 years...

OR. she could just be denied entry after she leaves.
 
what they said is absoloutely true.coz when i went for my second interview the officer asked me if i left the country ever and i sadi yes. he then told me well i will have to deny you. afet which i had to explain to him that i did go but not after i filed for AOS. he then checked and said then it is OK. i was really nervous at that point so please dont take chances and jeopardise your case. all the best.
 
unlucky_girl said:
what they said is absoloutely true.coz when i went for my second interview the officer asked me if i left the country ever and i sadi yes. he then told me well i will have to deny you. afet which i had to explain to him that i did go but not after i filed for AOS. he then checked and said then it is OK. i was really nervous at that point so please dont take chances and jeopardise your case. all the best.
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I guess you almost got the heart attack during the interview? So scary!! Did you get the GC in the end?
 
unlucky_girl said:
he then told me well i will have to deny you. afet which i had to explain to him that i did go but not after i filed for AOS. he then checked and said then it is OK.
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I don't think your situation is related, since the 3/10-year bars don't care whether your AOS is filed or not.
 
no real canadian,
i was not really out of status at all. i was a canadian permanent resident. i was never out of status here. what i meant to say was that the officer takes into consideration the point that u left the country if u overstayed in the period u filed the AOS. so be careful to leave the US even on advance parole was what i meant.
 
aqualove, check your I-94, if you were on F-1 you should have been admitted as D/S which means you do not accrue unlawful presence triggering the 3/10 year bar until USCIS makes a determination that you were out of status. But I believe your application for reinstatement also factors into this (don't quote me on this one, but I believe you start accruing unlawful presence only after denial of your reinstatement). The safer option would be to not travel.
 
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austriacus said:
aqualove, check your I-94, if you were on F-1 you should have been admitted as D/S which means you do not accrue unlawful presence triggering the 3/10 year bar until USCIS makes a determination that you were out of status. But I believe your application for reinstatement also factors into this (don't quote me on this one, but I believe you start accruing unlawful presence only after denial of your reinstatement). The safer option would be to not travel.
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Thanks, Austriacus!!!
 
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