Want to visit home country

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nicesmilingguy

Registered Users (C)
I entered in the USA legally though stayed in the US beyond my due date. I have now applied for adjustment of status following my marriage to a US citizen. I got a letter from the INS for an appointment for my EAD next week and also stating that my type of application generally takes 1 year for processing. Now I want to visit my home country. Can someone tell me about the process. Can my overstay cause a problem in my getting a re-entry back into the US.
 
You could get an Advanced Parole document but I am not sure how the facts of your case might change your ability to travel. I wouldnt leave if I were you. If you absolutely must leave consult an attorney before you do so.
 
If you have had an overstay , You should not use the Advanced Parole to travel abroad , doing so you may be subject to a 3 to 10 year ban depending on the period of overstay.

I would recommend that you stay back in the US till your AOS is approved.
 
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