Am I eligible for AP?

[Indigo]

Hi, I married a US citizen, and he filed for me on Dec 12 2006. I entered US with visitor visa and overstayed since 1995. Right now I just got a letter for I-485 and I-765 biometrics for tomorrow (jan 6, 2007). I haven't got a letter whether I-130 approved or not. Unfortunately, I have to go back to my native country to take care my grandmother who is very sick. My question is can I apply for AP since this is going to be an emergency trip. My parents are also here with pending I-485 Employment based sponsorship. So no close relatives to take care of my grandma.
All answers and opinion would be appreciated.

[yandresyuk]

Although technically you are eligible for AP, because of your overstay if you leave you will not be allowed back in - even with AP - and you will be subject to a 10-year ban, and would have to go through the whole waiver process

[curiousone]

Hi, I married a US citizen, and he filed for me on Dec 12 2006. I entered US with visitor visa and overstayed since 1995. Right now I just got a letter for I-485 and I-765 biometrics for tomorrow (jan 6, 2007). I haven't got a letter whether I-130 approved or not. Unfortunately, I have to go back to my native country to take care my grandmother who is very sick. My question is can I apply for AP since this is going to be an emergency trip. My parents are also here with pending I-485 Employment based sponsorship. So no close relatives to take care of my grandma.
All answers and opinion would be appreciated.

Stay put. They will approve the AP but there will be no guqrantee youll be allowed back in.

[Indigo]

Thank you very much for all answers, and happy new year to all of you.