Advance Parole and "Out Of Status" in New York
Dec 18th 2002, 8:12 pm
#1
Guest
Posts: n/a
Advance Parole and "Out Of Status" in New York
Good Afternoon All,
This is an emergency and I would really appreciate any comments.
I'm a naturalized citizen who got married about 6 month ago. My wife
is a citizen of Israel. She came here on B-1 on December 28th, 2001.
Her visa (the white card) expired a few days after we got married.
We already submitted all the necessary paperwork to the INS (8/20/02),
i.e. AOS, EAD and Advance Parole, but didn't get anything back yet
except for the yellow cash receipt.
We now need to travel out of country. Our first problem is that my
wife didn't get her Advance Parole yet. We're going to try and get it
by going to the Federal Plaza building. Does anybody know if we can go
straight to the 8th floor where they handle APs or do we need to go to
the 3rd floor first?
My next question is a little tricky...
If/when my wife gets her AP, when she leaves the country and they see
that she overstayed her visa for more than 6 months, will she be
barred from entering the US for a number of years despite the fact
that she has Advance Parole? I'm referring to the infamous 3/10 year
punishment that INS uses for people who are out of status for longer
than 6/12 months.
Again, any comments will be greatly appreciated!
Thanks,
JT
This is an emergency and I would really appreciate any comments.
I'm a naturalized citizen who got married about 6 month ago. My wife
is a citizen of Israel. She came here on B-1 on December 28th, 2001.
Her visa (the white card) expired a few days after we got married.
We already submitted all the necessary paperwork to the INS (8/20/02),
i.e. AOS, EAD and Advance Parole, but didn't get anything back yet
except for the yellow cash receipt.
We now need to travel out of country. Our first problem is that my
wife didn't get her Advance Parole yet. We're going to try and get it
by going to the Federal Plaza building. Does anybody know if we can go
straight to the 8th floor where they handle APs or do we need to go to
the 3rd floor first?
My next question is a little tricky...
If/when my wife gets her AP, when she leaves the country and they see
that she overstayed her visa for more than 6 months, will she be
barred from entering the US for a number of years despite the fact
that she has Advance Parole? I'm referring to the infamous 3/10 year
punishment that INS uses for people who are out of status for longer
than 6/12 months.
Again, any comments will be greatly appreciated!
Thanks,
JT
Dec 18th 2002, 11:59 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,399
Re: Advance Parole and "Out Of Status" in New York
Originally posted by Jt
Good Afternoon All,
This is an emergency and I would really appreciate any comments.
I'm a naturalized citizen who got married about 6 month ago. My wife
is a citizen of Israel. She came here on B-1 on December 28th, 2001.
Her visa (the white card) expired a few days after we got married.
We already submitted all the necessary paperwork to the INS (8/20/02),
i.e. AOS, EAD and Advance Parole, but didn't get anything back yet
except for the yellow cash receipt.
That is all you are suppose to get. Don't expect anything else.
We now need to travel out of country. Our first problem is that my
wife didn't get her Advance Parole yet. We're going to try and get it
by going to the Federal Plaza building. Does anybody know if we can go
straight to the 8th floor where they handle APs or do we need to go to
the 3rd floor first?
DO NOT LET YOUR WIFE LEAVE THE COUNTRY IF SHE HAS BEEN OUT OF STATUS FOR 180 DAYS OR MORE. Advance Parole is not a pardon by the INS of your wife's failure to file to change her status in a timely manner or forgiveness of your neglect to safe guard your wife's status and your marital union in her new country of residency. If INS makes a mistake and gives her A/P, they will not suffer the consequences if she uses it. She will, as will you. If she uses it, hope you enjoy living in Israel.
For those with a similar question re A/P inquiries for long overdue petitions:
Third floor is for information. You can go directly to the 8th floor and inquire there. Bring you tickets with you and additional ADIT photos and a new I-131 completed and the cash register receipt you received.
Rita
My next question is a little tricky...
If/when my wife gets her AP, when she leaves the country and they see
that she overstayed her visa for more than 6 months, will she be
barred from entering the US for a number of years despite the fact
that she has Advance Parole? I'm referring to the infamous 3/10 year
punishment that INS uses for people who are out of status for longer
than 6/12 months.
Again, any comments will be greatly appreciated!
Thanks,
JT
Good Afternoon All,
This is an emergency and I would really appreciate any comments.
I'm a naturalized citizen who got married about 6 month ago. My wife
is a citizen of Israel. She came here on B-1 on December 28th, 2001.
Her visa (the white card) expired a few days after we got married.
We already submitted all the necessary paperwork to the INS (8/20/02),
i.e. AOS, EAD and Advance Parole, but didn't get anything back yet
except for the yellow cash receipt.
That is all you are suppose to get. Don't expect anything else.
We now need to travel out of country. Our first problem is that my
wife didn't get her Advance Parole yet. We're going to try and get it
by going to the Federal Plaza building. Does anybody know if we can go
straight to the 8th floor where they handle APs or do we need to go to
the 3rd floor first?
DO NOT LET YOUR WIFE LEAVE THE COUNTRY IF SHE HAS BEEN OUT OF STATUS FOR 180 DAYS OR MORE. Advance Parole is not a pardon by the INS of your wife's failure to file to change her status in a timely manner or forgiveness of your neglect to safe guard your wife's status and your marital union in her new country of residency. If INS makes a mistake and gives her A/P, they will not suffer the consequences if she uses it. She will, as will you. If she uses it, hope you enjoy living in Israel.
For those with a similar question re A/P inquiries for long overdue petitions:
Third floor is for information. You can go directly to the 8th floor and inquire there. Bring you tickets with you and additional ADIT photos and a new I-131 completed and the cash register receipt you received.
Rita
My next question is a little tricky...
If/when my wife gets her AP, when she leaves the country and they see
that she overstayed her visa for more than 6 months, will she be
barred from entering the US for a number of years despite the fact
that she has Advance Parole? I'm referring to the infamous 3/10 year
punishment that INS uses for people who are out of status for longer
than 6/12 months.
Again, any comments will be greatly appreciated!
Thanks,
JT
Dec 19th 2002, 4:58 am
#3
Guest
Posts: n/a
Re: Advance Parole and "Out Of Status" in New York
If she has overstayed her visa like you say she has for more than 6
months- DO NOT travel under any circumstances until she gets her PR.
She will be subject to the 3/10 year ban. I dont think they will issue
the advanced parole. Even if they do, they will enforce the ban on her
way back.
[email protected] (JT) wrote in message news:...
> Good Afternoon All,
>
> This is an emergency and I would really appreciate any comments.
>
> I'm a naturalized citizen who got married about 6 month ago. My wife
> is a citizen of Israel. She came here on B-1 on December 28th, 2001.
> Her visa (the white card) expired a few days after we got married.
>
> We already submitted all the necessary paperwork to the INS (8/20/02),
> i.e. AOS, EAD and Advance Parole, but didn't get anything back yet
> except for the yellow cash receipt.
>
> We now need to travel out of country. Our first problem is that my
> wife didn't get her Advance Parole yet. We're going to try and get it
> by going to the Federal Plaza building. Does anybody know if we can go
> straight to the 8th floor where they handle APs or do we need to go to
> the 3rd floor first?
>
> My next question is a little tricky...
> If/when my wife gets her AP, when she leaves the country and they see
> that she overstayed her visa for more than 6 months, will she be
> barred from entering the US for a number of years despite the fact
> that she has Advance Parole? I'm referring to the infamous 3/10 year
> punishment that INS uses for people who are out of status for longer
> than 6/12 months.
>
> Again, any comments will be greatly appreciated!
>
> Thanks,
> JT
months- DO NOT travel under any circumstances until she gets her PR.
She will be subject to the 3/10 year ban. I dont think they will issue
the advanced parole. Even if they do, they will enforce the ban on her
way back.
[email protected] (JT) wrote in message news:...
> Good Afternoon All,
>
> This is an emergency and I would really appreciate any comments.
>
> I'm a naturalized citizen who got married about 6 month ago. My wife
> is a citizen of Israel. She came here on B-1 on December 28th, 2001.
> Her visa (the white card) expired a few days after we got married.
>
> We already submitted all the necessary paperwork to the INS (8/20/02),
> i.e. AOS, EAD and Advance Parole, but didn't get anything back yet
> except for the yellow cash receipt.
>
> We now need to travel out of country. Our first problem is that my
> wife didn't get her Advance Parole yet. We're going to try and get it
> by going to the Federal Plaza building. Does anybody know if we can go
> straight to the 8th floor where they handle APs or do we need to go to
> the 3rd floor first?
>
> My next question is a little tricky...
> If/when my wife gets her AP, when she leaves the country and they see
> that she overstayed her visa for more than 6 months, will she be
> barred from entering the US for a number of years despite the fact
> that she has Advance Parole? I'm referring to the infamous 3/10 year
> punishment that INS uses for people who are out of status for longer
> than 6/12 months.
>
> Again, any comments will be greatly appreciated!
>
> Thanks,
> JT
