Travel with an Advance Parole, while case is pending...?

[ariel.m]

Hi everyone. I am new here. I got a question, regarding my chances to re-enter the country.

I arrived to US last December ´08, on a B1/B2. Got married in April, and filed I-485 and the others by the 1st of June. My I-94 Expired somewhere around June the 18th.

Currently, my case is starting to be approved. I received the Advance Parole, and the I-765 is in production. Doing well.

At the present I am planning to travel with my wife at the end of August. Not to my country but to Mexico, for holidays, before she returns to college.

Now my concern: as far as I know, even with an Advance Parole I could be determined inadmissible by the airport´s officer. Am I right? I heard something about a 180 days. I filed everything a few weeks before my tourist visa expired. However, now I am technically overstaying. It will be about 9 weeks of overstaying at the moment that, if I go on a trip, I re-enter (or at least try to) the US territory.

Is it safe leaving the country? Am I taking a huge risk for the sake of traveling?
Please, I need some advice. I contacted CUNY´s Immigration Project and they are not certain.

Thanks in advance.
ariel

 

[fromnaija]

Technically, you are in a period of authorized stay since you have AOS pending. Also you did not overstay your visa since you submitted your petition before your I-94 expired.
However, since you entered on B1/B2 an IO might view your case as 'intent to immigrate' when you originally entered on visitor visa. That is not to say you will not be admitted but there is some risk in using advance parole.
My honest advice is for you not to go out of the country until you get your green card.

 

[Triple Citizen]

I do not think you are taking any huge risk. You applied for AOS without any overstay. You should be fine!!!

Is it safe leaving the country? Am I taking a huge risk for the sake of traveling?
Please, I need some advice. I contacted CUNY´s Immigration Project and they are not certain.