had over stayed for over a year pending I140/I485 approve EAD

zzgoocean

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Join Date: Nov 2007

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#1

had over stayed for over a year pending I140/I485 approve EAD

11-20-2007, 06:22 PM

me and my wife had over stayed for over a year. pending I140/I485 approve EAD this oct. . can i be able to apply for AP? and return to US. I really need some advices cuz need to go home since 1991 or any ways to go around. thank you very much. Please help....
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PraetorianXI

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Join Date: Aug 2006

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11-20-2007, 07:20 PM

No. You can not use AP if you overstayed for more than 180 days. That will trigger a ban from your returning to the USA for 3 years (and 10 years if you overstayed more than 365 days).

You will have to wait until you actually get your GC to travel.

Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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