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How safe is it to return back on Advance Parole? Anyone had any issues in past (even if you know someone or have heard about someone who had any problems getting back using Advance Parole)?
How safe is it to return back on Advance Parole? Anyone had any issues in past (even if you know someone or have heard about someone who had any problems getting back using Advance Parole)?
Thanks you guys for all your help and support.
Also, it is not safe if you ever overstayed or were out of status for 180 days or more... that will trigger a 3 year ban for you.
Being out of status does not trigger the 3/10 year bars; illegal presence does. The two are different.
So if USCIS notifies you that you are out of status, you do not start accruing illegal presence?
Yes. The only time I've seen that happen is if USCIS denied a COS/EOS request.
So if USCIS notifies you that you are out of status, you do not start accruing illegal presence?
Based on the above quote - if you are NOT notified by USCIS that you are out of status - then you ARE accuring illegal presence.
Or is it that..... UNTIL you are notified by USCIS that you are out of status, you are not accuring illegal presence.
That's correct. There are generally three ways to accrue illegal presence:
1) Enter the US illegally.
2) Overstay an I-94.
3) Be told by USCIS that you are out of status.
So let's say someone is on F-1 and their I-94 is issued for D/S ... if USCIS doesn't notify you that you're out of status, you wouldn't accrue illegal presence?
Or is it retroactive if USCIS said you were out of status starting from this date, therefore overstayed the date on I-94?
Or, someone who got their H-1B stops working let's say after a year and has 2 years left on the I-94. If USCIS never notifies the person, they would only accrue illegal presense after 2 1/2 years?