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Hi Guys.
At First, Thank you!
I have a question about the advance parole. I saw at the uscis website the following question:
4. I have applied for a Green Card (Adjustment of Status) and have lived in the United States illegally, and recently received an AP document. Does this mean that it is okay for me to travel outside the U.S.?
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, individuals who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Individuals who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Individuals who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status (get a Green Card).
What do they mean about illegally?
Is it for the ones who came through the border or are all the people who stayed after the I-94 expired?
Im gonna tell you my case
I came in June of 2016 and I was expecting to stay until December but I met my spouse and he asked me to extend my visa. We did it and they approved it 5 months later in May. But, the extension only gives you extra 6 months. Once We applied in December, my new I-94 was expiring in June. So, we asked for extension again for more 6 months and they didn't respond it.
We got married at January and filled the AOS. After we filled it I opened a inquiry about my second visa extension and they answer me at the end of February saying they denied it because they check at the system and saw that I already filled the AOS and it show that I am an intending immigrant.
I got it until that point.
My question is:
They only reviewed my case because I open an inquiry and they answered me after 2 months of my second visa extension expired. It that means that I stayed here for 40 days without status. Is it consider illegal according with the USCIS?
They said:
"this decision may leave you without lawful immigration status. If you are present in the United States in violation of the law, you are required to depart immediately. Remaining in the United States without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(b) of the Immigration and Nationality ACT(INA), and may adversely affect your ability to return to the United States lawfully in the future."
I got confuse. Because I dont know if i was on unlawful presence or not. I am quite insecure about the re entrance when I go visit my family after get the EAD+AP
What do you guys think?
At First, Thank you!
I have a question about the advance parole. I saw at the uscis website the following question:
4. I have applied for a Green Card (Adjustment of Status) and have lived in the United States illegally, and recently received an AP document. Does this mean that it is okay for me to travel outside the U.S.?
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, individuals who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Individuals who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Individuals who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status (get a Green Card).
What do they mean about illegally?
Is it for the ones who came through the border or are all the people who stayed after the I-94 expired?
Im gonna tell you my case
I came in June of 2016 and I was expecting to stay until December but I met my spouse and he asked me to extend my visa. We did it and they approved it 5 months later in May. But, the extension only gives you extra 6 months. Once We applied in December, my new I-94 was expiring in June. So, we asked for extension again for more 6 months and they didn't respond it.
We got married at January and filled the AOS. After we filled it I opened a inquiry about my second visa extension and they answer me at the end of February saying they denied it because they check at the system and saw that I already filled the AOS and it show that I am an intending immigrant.
I got it until that point.
My question is:
They only reviewed my case because I open an inquiry and they answered me after 2 months of my second visa extension expired. It that means that I stayed here for 40 days without status. Is it consider illegal according with the USCIS?
They said:
"this decision may leave you without lawful immigration status. If you are present in the United States in violation of the law, you are required to depart immediately. Remaining in the United States without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(b) of the Immigration and Nationality ACT(INA), and may adversely affect your ability to return to the United States lawfully in the future."
I got confuse. Because I dont know if i was on unlawful presence or not. I am quite insecure about the re entrance when I go visit my family after get the EAD+AP
What do you guys think?
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