i765 and i131

[uktousab2]

Hey everyone,

I received notice that my EAD/AP has been approved, but reading the letter I noticed this statement:

"Unlawful Presence. If you leave the United States after being unlawfully present in the United States, you may be barred from admission even if you obtained advanced parole. If you were unlawfully present in the United States for more than 180 days but less than one year and you leave the U.S voluntarily before the tart of removal proceedings, you are inadmissible for three years; If you were unlawfully present for one year or more, you are inadmissible for ten years."

My question is, I came into the US on a B2 visa, which has now expired (we filed for AOS before it expired if that matters), so would I fall under this as I have overstayed? If I was to return home now would I be refused entry and barred for 3 years?

Thanks

[aquila]

Hey everyone,

I received notice that my EAD/AP has been approved, but reading the letter I noticed this statement:

"Unlawful Presence. If you leave the United States after being unlawfully present in the United States, you may be barred from admission even if you obtained advanced parole. If you were unlawfully present in the United States for more than 180 days but less than one year and you leave the U.S voluntarily before the tart of removal proceedings, you are inadmissible for three years; If you were unlawfully present for one year or more, you are inadmissible for ten years."

My question is, I came into the US on a B2 visa, which has now expired (we filed for AOS before it expired if that matters), so would I fall under this as I have overstayed? If I was to return home now would I be refused entry and barred for 3 years?

Thanks

The key word here is "may" be barred from admission. I wouldn't risk travelling outside the U.s, except in a compelling situation. You should exercise patience until your AOS is approved. Your admissibility at this point may be discretionary.

[azblk]

no you will be fine. You don't accrue unlawful presence since you filed while still in status.

[newacct]

First of all, you did not accrue any unlawful presence. Second, even if you had accrued years of unlawful presence, leaving on AP does not trigger the ban.