Name Check Pending and Travel with AP

unixtmusa

Registered Users (C)
Is it safe to apply and then use an AP doc to travel outside the US if you passed the AOS interview but the name check is pending? Has anyone done this or gotten any information that doing so will not cause problems at the POE? In this example, the AOS applicant has overstayed his/her B2-visa. Any input will be appreciated.
 
If the applicant has overstayed more than 180 days, he/she is up for a ban. So is not recommended for travel on AP until the AOS takes place.

Is it not even safe to travel on AP while name check pending, in the event something (by mistake) come up and your name check saying you are inadmissible. Then you will not be allowed to come in and file for a motion to review your case or anything.

Just from looking at your signature, stay over 180 days, DO NOT LEAVE THE US. :eek:
 
Thanks for the reply. I thought maybe if interview is complete and approved with just name check pending, which can take several months from what I understand, and there is an emergency need to travel that somehow this will be allowed. But I guess this is just wishful thinking on my part.
 
How do you define overstay?
My B1/B2 expired on July 22nd 2006....we got married in Oct. 2006 and submited my GC application form in early Nov. 2006. and we had our interview in Jan. 2007 and it went fine but now I am stuck in background check . Got my AP and planing on travelling with my husband in Dec.
Did I overstay over 180 days? Will I have problem coming back with my AP?

Thanks for any inputs.
 
Count how many days from July 22 to the Receipt date on your i-485 in Nov 2006.

If it adds up to more than 180. DO NOT TRAVEL OUT OF THE US. :eek:
 
Hey unixtmusa,

The IO had advised us not to travel on AP during our AOS interview. We had asked if we could travel on AP, since my dad had surgery done 3 days prior to the interview. But IO advised its very risky.

I have contemplated on getting AP for emergency purposes, but haven't gone through it as it needs to be renewed on annual basis just like EAD. I m stuck in Namecheck for more than 18 months. below is my timeline.
 
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