Did I over stay?

[lolamor]

Hello!

I really need your help.

I came to the U.S on 12/12/11 by J1 au pair program. Unfortunately things did not work out and my DS was canceled on August 26th (2012) but on my passport it says it was expired on 12/12/12. I tried to change my status to tourist but it was denied on January 22nd. (2013)

I got married on January 15th (2013) while I was waiting for the answer to the tourist status and I applied my for Green Card on March 28th (my priority date).

I do have the advance parole and employment authorization. My interview was on June 27th but the officer said he was not able to give the answer. We are still waiting for the answer, the process is already out of normal processing time (They are already "re checking" cases from Apri 17th and my date is March 28th) but as they said there is nothing I can do besides wait. I am ok with that, since I am allowed to work.

The thing is: I got an unexpected vacation for Christmas and I really want to go to my home country! Since I have my AP, I am suppose to be able to re entry, but I was reading some articles and it says I would have problems to re entry if I have overstayed for more than 180 days. My question is: did I over stay?

* If they consider my overstaying after my VISA expired, so I overstayed one month until my wedding and 3 months and half until I applied to the GC;
* If they consider my DS authorization, I overstayed 4 months until my wedding and 7 months until I applied;
* Is there any chance of they consider the time I was waiting for the tourist status?

What do you think? Is there so many risks?

Unfortunately my husband wont go with me, because he just applied for his passport and it is not getting on time (he also needs a visa to go to my home country so no way at all for this Christmas )

[rayb]

Did you J1 visa have the annotation of "2-year requirement?" I realize that the "2-year outside U.S. requirement after completion" may not apply to an "au pair" visa type, but J1 visas are given extra scrutiny when conversion processes are requested.

You are not considered a visa overstay while a new procedure is being adjudicated...but if you leave the country, your reentry attempt might generate an "overstay" review and possible denial of entry.

--Ray B

Hello!

I really need your help.

I came to the U.S on 12/12/11 by J1 au pair program. Unfortunately things did not work out and my DS was canceled on August 26th (2012) but on my passport it says it was expired on 12/12/12. I tried to change my status to tourist but it was denied on January 22nd. (2013)

I got married on January 15th (2013) while I was waiting for the answer to the tourist status and I applied my for Green Card on March 28th (my priority date).

I do have the advance parole and employment authorization. My interview was on June 27th but the officer said he was not able to give the answer. We are still waiting for the answer, the process is already out of normal processing time (They are already "re checking" cases from Apri 17th and my date is March 28th) but as they said there is nothing I can do besides wait. I am ok with that, since I am allowed to work.

The thing is: I got an unexpected vacation for Christmas and I really want to go to my home country! Since I have my AP, I am suppose to be able to re entry, but I was reading some articles and it says I would have problems to re entry if I have overstayed for more than 180 days. My question is: did I over stay?

* If they consider my overstaying after my VISA expired, so I overstayed one month until my wedding and 3 months and half until I applied to the GC;
* If they consider my DS authorization, I overstayed 4 months until my wedding and 7 months until I applied;
* Is there any chance of they consider the time I was waiting for the tourist status?

What do you think? Is there so many risks?

Unfortunately my husband wont go with me, because he just applied for his passport and it is not getting on time (he also needs a visa to go to my home country so no way at all for this Christmas )

[marcovida77]

Did I over stay?

If it was me I would wait for your GC. I know you would like to see your family but is it truly worth it ? The parole is really only for an emergency back home. Pls wait and than you can go home with no worries later.

[lolamor]

Hey! Thank you for trying to help!

My J1 does not apply for this rule.

People are saying I might have a hard time to explain.. but I have receipt that after my DS was canceled I tried to change my status to Tourist and I didnt hear from them until January 22nd, 4 months after I applied and one week after my wedding.

I have an employment authorization, I have a job (my boss wrote an employment letter to help out), I didn't mind to over stay, I am not committed to any crime, my I-485 is still in process.. sounds like they have to be very mean to no let me in!

I'm willing to take the risk, my husband is willing to move to my home country in case of I can not re entry until my Green Card is done.

May God bless me!

Thank you again!

Did you J1 visa have the annotation of "2-year requirement?" I realize that the "2-year outside U.S. requirement after completion" may not apply to an "au pair" visa type, but J1 visas are given extra scrutiny when conversion processes are requested.

You are not considered a visa overstay while a new procedure is being adjudicated...but if you leave the country, your reentry attempt might generate an "overstay" review and possible denial of entry.

--Ray B

[lolamor]

Thank you for your words.
I know it is a big risk. But I am afraid for how long my process is gonna take. My interview was 6 months ago and they just ask me to wait.
The interview was very hard. An attorney told me this is the hardest part: to wait. It can take several months. And there is nothing I or the Attorney can do.
My employment authorization and my advance parole is valid until next May, so if my green card takes longer than 01 year I would lose the only opportunity to go home.

May God Bless me!

If it was me I would wait for your GC. I know you would like to see your family but is it truly worth it ? The parole is really only for an emergency back home. Pls wait and than you can go home with no worries later.