Travel document

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flodru

Registered Users (C)
Hi everybody,

I am waiting for my green card due to the name check problem. My family and I planned to go back to my home country to baptize my son. We all have our flight tickets, we did reserve a restaurant but I can't get my green card bacause I got "IP error" on my name check. :mad:

Anyway, I applied for the travel document I-131 and it was granted. However when I count the number of day of unlawfully presence it is more than 180 days (if the starting point is the day I apply and not the day of my marriage).

Is it risky for me to go back? I really need to show my son to my family. He is already 8 months and I am stuck here!!!

Thank you for your help and for this great website

Flodru
 
flodru said:
Hi everybody,

I am waiting for my green card due to the name check problem. My family and I planned to go back to my home country to baptize my son. We all have our flight tickets, we did reserve a restaurant but I can't get my green card bacause I got "IP error" on my name check. :mad:

Anyway, I applied for the travel document I-131 and it was granted. However when I count the number of day of unlawfully presence it is more than 180 days (if the starting point is the day I apply and not the day of my marriage).

Is it risky for me to go back? I really need to show my son to my family. He is already 8 months and I am stuck here!!!

Thank you for your help and for this great website

Flodru
Click to expand...

You are in valid status as long as your AOS is pending. The catch however is, if you were in unlawful status before you applied for AOS, you might be in trouble re-entering US as you would trigger the 3/10 year ban depending on your overstay period before you apply. in this case, AP is a no-no.

If you were in valid status when you applied for AOS, you dont have to worry as you are still in status while your AOS is pending. Its safe to use your AP in this case.

Now, can you explain what do you mean by unlawful presence in your case?
Can you also explain IP error?
 
Thank you for the information.

I came as a tourist with the Waiver for European citizen. My I-94 expired on April 7, 2004 and I got married on September 19, 2004. We had trouble to get a copy of our marriage certificate and my birth vertificate so we did apply to the I-485 in the end of November. So From April 7, 2004 and November I was out of status.
On April 19, I got my interview with the INS but she couldn't give me my green card because my FBI name check came back with "IP error". The officer sent a new request to the FBI on the same day and since then no news. I sent faxes, emails to the FBI, contacted my congressman, without any result.
Yesterday the INS granted me a travel document. I am supposed to baptized my son in 3 weeks in France. What are my chances to be catched at the border? do you think they will take me away with my baby and send me back?
So why did I have to pay for this travel document?
It is so confusing!!
I guess I need to contact a lawyer... :(
 
Well, there is a part in the same travel document form that you filled out that says in bold letters and "WARNING/NOTE" that you shouldn't apply for a travel document if you were in unlawful status for more than 180 days , you are bar for 3 years and if the unlawful status were for a year you are bar for 10 years.

Since you definetly was out of status before you apply for adjustment of status is not recommended that you leave the country even they approved the travel document. Even with an approved travel document the USCIS doesn't guarantee your re-entry, your re-entry is in the hand of the officer at the port of entry. And especially in your situation you can be bar to return to the US since you accrued more than 180 days.

It is always recommended that DO NOT make plans for travel until you are sure you will have your papers on hand and you can make the trip without any legal consequences.

In the explanations for how to make the packet for AOS (I-485) specify that "you may also submit...if you need to travel" is not a must. When you read the instructions is very clearly what they said about the unlawful presence. Unfortunately is not refundable.

The IP error about the persons who read your post and doesn't know about it is explained in your other thread of I-485 california center. Link is here:
http://www.immigrationportal.com/showthread.php?t=184758

Good luck,
 
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