Out of stats question!

R

robyn_oli

Registered Users (C)
Hi everyone,
I feel really dumb asking this but what exactly does 'out of status' mean when you want to travel.
I married my husband in March, I was here on a visitors visa. I had an i-94 that expired in April. I filed all of my immigration papers and sent them in by the end of April (my i-94 ad been expired for about 8 days). Recently I have been approved for EAD and AP. I want to travel back to visit family in Canada, but I have no clue if I am out of status. My papers are all pending so does that mean I am in status? I am so confused, I can't find anything anywhere and I just want to be safe when I do travel.
Thanks :)
 
Well I would think that if you have approved AP you can travel, after all that is what it's for!
 
ok here is the law..

Once an adjustment application has been filed, the foreign national is considered to be in a period of authorized stay. However, overstay period accrued PRIOR to filing the adjustment application will be counted if he/she departs the United States during processing. Therefore, if a foreign national has accrued more than 180 days of unlawful presence BEFORE filing the adjustment application and departs the U.S. using an advance parole/travel document (even if issued by the US CIS / INS), he/she will be subject to the 3- and 10- year bar of inadmissibility on the day of the adjustment interview (and may be denied the "green card").


so basically if you over stayed less than 180 days you are fine, dont worry, they will let you come back :) have a safe trip
 
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