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Travel with EAD / AP after overstay

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  • Travel with EAD / AP after overstay

    Hello,

    First thanks in advance for your experience. Has anybody traveled with a EAD/AP card after you overstayed more than a year before filing for i485.

    My wife and I got married within the 90 days on a k1 visa but we deposited the i485 and i131 and i1765 a year after expiration of i94. So once we applied we got appointment for finger printing and then her EAD/AP card was approved and mailed. we have it already and she really wants to see her parents. the i485 is still pending approval thou.

    has any body traveled with a similar situation as mine. Please help because I would like to give her the surprised and I am not sure if to do it or not...

    thanks in advance.

  • #2
    Legally speaking currently, there is no reason why it should be different for leaving and entering on AP, whether you have an overstay of 1 year or not. However, whether to parole you is at the discretion of the immigration officer, so there are no guarantees.

    This is my personal opinion and is not to be construed as legal advice.

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