Sir,
My mother came to USA on visit visa and her AOS is still in pending status, but she has her Advance Parole approved. Her I-94 is expiring on April 1, 2010. Now she needs to travel to India for an emergency for 4 weeks.
1) Can she leave USA on April 15th? As far as I know since her AOS application is pending, her visa is no longer considered for travel purpose.
2) She had overstayed 180 days twice on her prior visits; Once after B2 visa extension was approved, she left within the extended time frame.
Another time after her extension was denied, she left within the same month she got her denial letter. So, will she be banned from 3-10 years from returning to the US? She will have proof of her emergency.
3) Along with Advance Parole is it mandatory for her to have EAD also to re-enter USA?
I am confused when I read the following thread.
http://www.immihelp.com/forum/showthread.php?t=34156&highlight=travel in which PraetorianXI has mentioned "She can reschedule her interview and travel on AP if she HAS NEVER OVERSTAYED MORE THAN 180 Days. Otherwise she will be banned from 3-10 years from returning to the USA."
CAN SOMEONE PLEASE CLARIFY? I AM WORRIED! Thank You so much for your valuable time and advice.
Honesty
My mother came to USA on visit visa and her AOS is still in pending status, but she has her Advance Parole approved. Her I-94 is expiring on April 1, 2010. Now she needs to travel to India for an emergency for 4 weeks.
1) Can she leave USA on April 15th? As far as I know since her AOS application is pending, her visa is no longer considered for travel purpose.
2) She had overstayed 180 days twice on her prior visits; Once after B2 visa extension was approved, she left within the extended time frame.
Another time after her extension was denied, she left within the same month she got her denial letter. So, will she be banned from 3-10 years from returning to the US? She will have proof of her emergency.
3) Along with Advance Parole is it mandatory for her to have EAD also to re-enter USA?
I am confused when I read the following thread.
http://www.immihelp.com/forum/showthread.php?t=34156&highlight=travel in which PraetorianXI has mentioned "She can reschedule her interview and travel on AP if she HAS NEVER OVERSTAYED MORE THAN 180 Days. Otherwise she will be banned from 3-10 years from returning to the USA."
CAN SOMEONE PLEASE CLARIFY? I AM WORRIED! Thank You so much for your valuable time and advice.
Honesty
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