Gurus (Pork, Ghee, et all...) ... Please comment.

R

redforgreen

Registered Users (C)
I suppose the BCIS guidelines on leaving the country w/o AP is ambigious. It states that if you were present w/o status for more than 180 days, then your re-entry may be denied.

http://www.immigration.gov/graphics...es/advisory.htm


AP processing is taking long now a days, and if some one's AP is pending for 2-3 months and he/she has to leave the country (may be not for emergency), it may not necessarily mean that he/she is abandoning the case.

Gurus (Pork, Ghee) ... Please comment.
 
i have posted a reply to part of your question in the thread Advance Parole question - urgent, which addresses the issue of leaving the US without AP during the pendency of an AOS application. the issue of 180 days w/o status is a completely different animal. if you have have accrued any period of unauthorized presence in the u.s. for any length of time, then even a duly issued AP might not get you back in, should you leave the u.s. before your AOS is adjudicated. if your total period of unlawful presence in the u.s. is 180 days or less, you might be barred from entering the u.s. for a period of upto three years. if over 180 days, then the bar might extend for upto ten years. oddly enough, if you had never left, your AOS might still be successful, and get you a green card. go figure!
 
without going into details, lawyers usually

advise not to travel for longer time and use AP only for short justifiable and resonable time for travels. I am sure there can be some exceptions at the point of entry. If it is backed by evidence for travels that needed longer stays, then they may not raise questions.
 
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