Overstay AP Question

[tendulkarrules]

Came in back in 1993 on a tourist visa and overstayed. Left in 1999 to become a Candian permanent resident and drove back to the US and did a change of status from B2 to H1. At this time, I-140 is approved, I have my AP. Should I travel or wait for the GC?

How does the USCIS know of my overstay?

Thanks

[PraetorianXI]

You overstayed for 5-6 years. That makes you subject to a 10 year bar.

USCIS will find out about it, sooner or later.

Specially because you left the USA and triggered the ban when you went to Canada. USCIS has record of you entering in 1993 with a visitor visa and never leaving for several years. And you re-entering in 1999.

Even if your GC is approved, it would be done as a fraud (since I am sure you did not disclose your overstay in the forms?).

You need to get a good lawyer.

ps: and NO, I would NOT travel on AP, given your situation.