I-131 Approved. Now what?

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asdrubal22

Registered Users (C)
Hello again guys,

I got my I-131 approved today (no I-765 yet :( ), received an email saying that it was sent. Now what? I actually overstayed in the past so i was reading the Advisory a few times trying to figure my situation. I called immigration, they just know how to repeat what written in there, they don't say anything outlined.

Did anybody have any experience with that? May i consider traveling, or not at all? I actually have a reasonable explanation for my overstaying, i was married before that happend, and we went for an interview with immigration they told us it was ok for me to stay. Then we applied for my papers and now that i have this i don't know if i can travel.

The main reason is that i needed to go for a surgery so its not just a matter of waiting.

Thanks in advance for the advices. :)
 
For how long did you overstay your visa?
Here is a quote from the Travel Advisory you probably were talking about:
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 stipulates that immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those immigrants who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Immigrants, who are unlawfully present, depart the U.S. and subsequently re-enter under a grant of parole, may nevertheless be ineligible to adjust their status.USCIS urges all immigrants with pending applications for adjustment of status to consult its National Customer Service Center at 1-800-375-5283, uscis.gov, an immigration attorney, or an immigration assistance organization accredited by the Board of Immigration Appeals before making any travel plans.
Click to expand...

So, if you have been "unlawfully present" for more than 180 days you should not travel, even though you have an AP. I don't know how safe it is to travel if you were unlawfully present less than 180 days, since they say that an AP is no guarantee for being permitted re-entry.

By the way, can anyone clarify whether or not your presence in the US is lawful, if your visa expired AFTER you applied for AOS? Because I always thought that AOS itself was a legal status and would mean that I am lawfully present even though my visa expired.
Thanks.
 
well i did overstay more than 180 days.

even guessing that i'm still out of status since my I-130 hasn't been approved yet. I was actually looking for some extra information, what is written there i know.

I cannot imagine the situation, i go with my wife to wherever place, and on the way back they don't let me in. i hold the security guard, she kicks his balls, we run. haha just kiddn :D
 
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