Traveling with Advance Parole but Overstayed

T

TrialMix

New Member
Hello,

I urgently ask you to share your knowledge or experience. I am a US Citizen, married a H2B visa holder in January. At that time, he had overstayed since October 10th, 2008 - so about 3 months or 90 days overstay. We sent all the paperwork for Adjsut of Status right away. He just received the Advanced Parole and would like to go back to the native country.

My question is, is he still considered overstayed, or the moment we applied for adjust of status he took on a new status. I am asking because we got married before the 180 came around, but right now he is on day 172. Is it safe to travel at all? Why would they issue an AP if they know he overstayed in the first place if he wouldn't be allowed? Please share! Thank you!
 
TrialMix said:
I am asking because we got married before the 180 came around, but right now he is on day 172. Is it safe to travel at all?
Click to expand...

You need to be 110% sure that the AOS was filed and received by USCIS less than 180 days after the I-94 expired, and can prove it..

Why would they issue an AP if they know he overstayed in the first place if he wouldn't be allowed?
Click to expand...

They only check whether you qualify to receive the AP, not whether you are inadmissible. The AP documents clearly warn you of this fact.
 
Quadruple check the arithmetic between the day his I-94 expired and the day the I-485 receipt was dated. If less than 180, he is ok.

TrialMix said:
Is it safe to travel at all? Why would they issue an AP if they know he overstayed in the first place if he wouldn't be allowed?
Click to expand...
 
Thank you so much for the quick replies. The Receipt Date is January 28th. So since October 10th, 2008 that is 110 days. Yes? I am doing the math correctly, I think. He should be fine...I am so happy. Thank you again.
 
You must log in or register to reply here.
Top