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  • Travel on advance parole after 180 days

    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
    Last edited by Honesty; 03-24-2010, 12:57 AM.

  • #2
    1. Yes.
    2A. Overstay means illegal stay, not extension.
    That is not overstay. She stayed for the duration legally allowed.

    2B. That is less than 180 days. Therefore, 3 years ban does not apply.

    3. No, EAD is to work.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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    • #3
      Thanks for your quick response immihelp. Regarding 2B), my Mom received the extension denial letter on Feb 7, 2009, after her I-94 due date Jan 24, 2009. Then she left US on March 4, 2009 (within 1 month of the denial date). This makes 39 days overstay past 180 days! Is this waiting time for USCIS decision considered illegal stay?

      Please let me know if this would cause any potential problem at the port of entry.

      Thank You so much.

      Honesty

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      • #4
        From the date of denial to date of departure from US is considered illegal stay.
        Immihelp Support
        No legal advice. Use at your own risk.

        Visa and Greencard Tracker

        Visitor Medical Insurance for your visiting relatives.

        Comment


        • #5
          Thank You Immihelp. I think we should better wait until we get the Green Card.

          Honesty

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