No problem traveling w/ AP

[Laz]

I had posted about a month ago asking if my wife can qualify for AP while her I485 was pending and if she would have any trouble coming back in. Most replies were DO NOT do it, as she will be baned for 10 years as she had overstayed her visa.

Well we went ahead anyway and left the country for a month, and up on return there were no issues at all. They called us in to an office and asked if I the petitioner was a USC (which i am) and sent us on our way....

Just wanted put this out there, as it seems like everyone is under the impression that traveling is out of the question if you were in the country illigaly, but have a pending i485.

Good luck...

 

[cherr1980]

Thanks for post your update!

Well that is what the USCIS always says and the last time I called even for go to Puerto Rico they told me that. Actually in the form said so, if you overstay more than a year you will be bar for 10 yr, if were more than 180 days 3 yrs.

It was good idea that you was traveling with your wife.

As most of us probably told you, is that at the end is in hands of the officer of port of entry, in your case he let you in, which is good and I am glad that you didn't have any problem

Have a nice day,

 

[TheRealCanadian]

Just wanted put this out there, as it seems like everyone is under the impression that traveling is out of the question if you were in the country illigaly, but have a pending i485.

It's not an impression, it's the law.

If the POE was not aware that your wife had accumulated over 180 days of illegal presence, then that is probably the reason they admitted her. I would not rely on this going forward.