Question about AP

[lie723]

its about a friend of mine from japan.

she is married to US citizen. just applied for Green Card 5 months ago.
also applied for advance parole. originally she came here on visa waiver program 1 year ago and met her husband then got married.

her grandmother in japan just passed away 2 days ago, and she flew back to japan this morning.

according to 'processing times' on uscis website, her case was about get processed at the time of her departure.

will it be a problem when she returns here? can her husband just fedex her the advance parole card as soon as he receives it?

any info will be gratly appreciated

[PraetorianXI]

first of all, when a person needs to travel while their green card process is pending, they must have an APPROVED advance parole BEFORE they leave the country. it doesn't matter if he mails the document to her, because it will show that she departed the USA before it was approved, so it is unusable, she has abandoned her green card processing.

secondly, that was a VERY BAD THING TO DO, you are not supposed to leave on advance parole, when you have overstayed for more than 180 days. Which she has, since she came under VWP, she was supposed to return to japan within 90 days and she didn't.

She is now BANNED from returning to the USA, for 3 to 10 years. Depending on how long her overstay was (if it was more than 180 days but less than 1 year, then it is 3 years bar... if it is more than 1 year, then it is a 10 year bar).

She can not use that Advance Parole document to return to the USA, and EVEN if for some MIRACLE she was admitted with that invalid AP document, she would be DENIED for the green card at the interview and the 3-10 year bar would be set in place, because she left the USA before she received her green card.

That was a VERY BAD IDEA.

Tell your friend to start considering moving to Japan. He needs a very good immigration lawyer that may be able to help him, but as I see it. She is banned for a long time.

[rosestroup]

Let's say my case. I came here on a b-2 visa and apply for adjustment of status on sept 4 2007. My I-94 expired on dec 27th , 2007. Since my first apps got rejected i reapplied on january 7th and received receipts on feb 8th. I applied for advance parole, although in the future i will have a travel document approved i won't be able to use it since i overstayed? even though hypothetically speaking they approved me a document to travel?

[PraetorianXI]

Only people who have accumulated more than 180 days of illegal presence. Should NOT use AP. Because they are set for a 3-10 year bar.

If you overstayed up to 179 days, you can use AP... I would not personally do it though... unless you MUST... AP does not guarantee entry into the USA.

[rosestroup]

Yeah you are right, I don't know if it really worth it.

[rosestroup]

By the way prioritorian thank you very much for your answers. You been very helpful. THANK YOU

[novice2007]

Help Mr. PraetorianXI

Hi sir,

I have been following all your replies, which are really sensible.

I am anticipating the following questions as I am about to go for PERM next week or so.

Background:
I am a teacher in a Public school holding H1B (moved from J1 to H1B) from Oct.2007 and applying for GC, EB3, ofcourse through an attorney.

1. Is it true that I don't need AP to travel to India for vacation, as long as I have H1B valid for the same employer at the time of re-entry into the US?

2. I do not intend to change my employer or career (unless the school kicks me out) and so is it advisable for me to apply for EAD?

Gracias!