Vwp/aos

[carriacou]

Hello,
I came to the US using the VWP and decided when I got here to get married and apply to adjust to a permanent resident.

I believe my class is that of a nonimmigrant. I need to go back to the UK to visit a sick relative. Would I be eligible to apply for advance parole?

[PraetorianXI]

Yes.

[carriacou]

Vwp/ap

Thank you for replying to my concern.

I was looking on the USCIS website and came across a document which states that those of a nonimmigrant status are not eligible for AP and that VWP is classed as a nonimmigrant status.

They have said that you will still be inspected by immigration when you enter the PO and that AP is no guarantee that you will be re admitted.

You answered yes to my question, I understand that those adjusting status who arrived here using VWP basically signed away their rights and cannot even appeal refusal decisions. I am a bit confused.

Please could you let me know in your experience if someone in my situation should be able to come back into the country.

Many thanks.

[PraetorianXI]

Your status is not longer a VWP visitor. Rather an "AOS pending" status and anybody in that status (which is immigrant bytheway) is entitled to apply for AP. The fee for it, it is in fact included in the $1,010 for the I-485. Stop worrying and apply for it. For as long as you did not overstay for more than 180 days you should be fine.

[carriacou]

Hello,
thanks for your advice. I think the reason why I am worrying is because we had our AOS interview recently and we were given the option to withdraw our first application which was invalid because my husband was not free to remarry at that time.

We got married again when he was free to do so and submitted another application.

Would I have accrued overstay as a result of this situation from the time the VWP 90 days expired, up until I submitted the new application which would have been more than 180 days, or does none of this matter because there is a new pending aos?

Thank you in advance for your advice.

[PraetorianXI]

You are better off staying away from traveling then. You probably did accrue over 180 days if the original petition was withdrew. Stay in the US until the GC is in your hands. Otherwise you are subject to a 3-10 year ban from re-entering the USA.!

[carriacou]

Thank you for your reply, I will certainly take that advice. God bless you for all the work you do on this site.