To travel, or not to travel?

[bribery]

Hi everyone. I am new here. I got a question, regarding my chances to re-enter the country.

I arrived to US last December ´08, on a B1/B2. Got married in April, and filed I-485 and the others by the 1st of June. My I-94 Expired somewhere around June the 18th.

Currently, my case is starting to be approved. I received the Advance Parole, and the I-765 is in production. Doing well.

At the present I am planning to travel with my wife at the end of August. Not to my country but to Mexico, for holidays, before she returns to college.

Now my concern: as far as I know, even with an Advance Parole I could be determined inadmissible by the airport´s officer. Am I right? I heard something about a 180 days. I filed everything a few weeks before my tourist visa expired. However, now I am technically overstaying. It will be about 9 weeks of overstaying at the moment that, if I go on a trip, I re-enter (or at least try to) the US territory.

Is it safe leaving the country? Am I taking a huge risk for the sake of traveling?
Please, I need some advice. I contacted CUNY´s Immigration Project and they are not certain.

Thanks in advance.
ariel

[samathanag]

Hi everyone. I am new here. I got a question, regarding my chances to re-enter the country.

I arrived to US last December ´08, on a B1/B2. Got married in April, and filed I-485 and the others by the 1st of June. My I-94 Expired somewhere around June the 18th.

Currently, my case is starting to be approved. I received the Advance Parole, and the I-765 is in production. Doing well.

At the present I am planning to travel with my wife at the end of August. Not to my country but to Mexico, for holidays, before she returns to college.

Now my concern: as far as I know, even with an Advance Parole I could be determined inadmissible by the airport´s officer. Am I right? I heard something about a 180 days. I filed everything a few weeks before my tourist visa expired. However, now I am technically overstaying. It will be about 9 weeks of overstaying at the moment that, if I go on a trip, I re-enter (or at least try to) the US territory.

Is it safe leaving the country? Am I taking a huge risk for the sake of traveling?
Please, I need some advice. I contacted CUNY´s Immigration Project and they are not certain.

Thanks in advance.
ariel

Hi,

AP is meant for travelling on some family emergencies to home country. AP should NOT be used for visiting other than native country (if you want you can vist but you are putting yourself into troubles). You are taking a huge risk by travelling on AP to other than your native country. Please consult your attorney.