Visiting the US if i'm inadmissible

[apache24]

Hi all,

The short version of my story is:

I'm a foreigner who lived in the US for a few years, I got married to an American wife and my I485 was denied because I had previously overstayed my visa (left and came back) and then didn't disclose that information in the green card interview. (bad, I know). The I-130 was approved but I was found inadmissible for the 2 reasons I mentioned and I was asked to leave the US, which I did. My wife is still in the US and we're planning to file I-601 waiver.

My question is: Is there ANY kind of option, any sort of option that will allow me to visit the US temporarily for a week or so, given the fact that I'm inadmissible?

Thanks!

[jnk]

As per my understanding NO.

[nkgeicher]

As per my understanding NO.

You can get 212(d)(3) NIV waiver. I have good knowledge on subject. Which country is your citizenship?

[Speshul Kay]

I'm British and my I485 was denied while traveling

I had an EAD when I traveled but the underlying I485 was denied. I overstayed my stay but have never been declared as inadmissible. Can I still use my EAD/AP to return and apply to be paroled back in?

[newacct]

I had an EAD when I traveled but the underlying I485 was denied. I overstayed my stay but have never been declared as inadmissible. Can I still use my EAD/AP to return and apply to be paroled back in?

You generally cannot use the AP if the I-485 was denied. And this has nothing to do with inadmissibility. Also, whether you are inadmissible is not based on being "declared" -- it is whether you meet the conditions in the law for being inadmissible.

[Speshul Kay]

Thanks

Thanks so much for reply. This is greatly helpful.

[Speshul Kay]

Technically no

I don't meet the legal definition of inadmissible I don't believe and that's because I've always had duration of status stamps. Also I have other applications still pending including another I-485. Surely that should allow me to be paroled back in no?

[newacct]

I don't meet the legal definition of inadmissible I don't believe and that's because I've always had duration of status stamps. Also I have other applications still pending including another I-485. Surely that should allow me to be paroled back in no?

You're inadmissible because you don't have a visa. You have an AP, which allows you to be paroled (not admitted), assuming the I-485 is not denied.

[Speshul Kay]

Well it's complicated

Yes I have a pending I-485 as well as a pending I730. However, the orginal I-485 that granted the EAD/AP was denied. The pending I-485 is a different one. Does it matter or is CBP able to parole me provided I have a pending application somewhere? Does being married to a LPR and being a homeowner in any way help in CBP's decision to parole or not, or it it purely based on pending underlying application. Lastly seeing as you seem knowledgeable, CBP has some description on this do they not? Or has new admin removed that discretion?