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Advance Parole and OverStay

Advance Parole and OverStay

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Old Feb 6th 2004, 7:07 am
  #1  
Ganya
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Default Advance Parole and OverStay

I have overstayed my 90 day I-94 by more than a year.

I am married to a US citizen and am going to apply for adjustment,
employment etc.

If I receive an Advanced Parole to travel will I be barred on the way
back in because of 3/10 year ban?

If this is the case how long realistically before I can travel?
Applying from New York City.


Thanks In Advance
 
Old Feb 6th 2004, 7:13 am
  #2  
Ganya
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Default Re: Advance Parole and OverStay

also... is there ANY way around this??

Thanks again
 
Old Feb 6th 2004, 9:40 am
  #3  
Joachim Feise
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Default Re: Advance Parole and OverStay

ganya wrote on 2/6/2004 12:07:
    > I have overstayed my 90 day I-94 by more than a year.
    >
    > I am married to a US citizen and am going to apply for adjustment,
    > employment etc.
    >
    > If I receive an Advanced Parole to travel will I be barred on the way
    > back in because of 3/10 year ban?

Yes.

    > If this is the case how long realistically before I can travel?

You can travel once the I-485 is approved, because then you are a PR.

-Joe
 
Old Feb 6th 2004, 12:03 pm
  #4  
Ganya
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Default Re: Advance Parole and OverStay

On Fri, 06 Feb 2004 14:40:01 -0800, Joachim Feise
<[email protected]> wrote:

    >ganya wrote on 2/6/2004 12:07:
    >> I have overstayed my 90 day I-94 by more than a year.
    >>
    >> I am married to a US citizen and am going to apply for adjustment,
    >> employment etc.
    >>
    >> If I receive an Advanced Parole to travel will I be barred on the way
    >> back in because of 3/10 year ban?
    >Yes.
    >> If this is the case how long realistically before I can travel?
    >You can travel once the I-485 is approved, because then you are a PR.
    >-Joe

Thanks for the answer Joe,

The I-485 takes in the region of 2 years to be processed correct?
 
Old Feb 7th 2004, 1:27 am
  #5  
Jozef
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Default Re: Advance Parole and OverStay

"ganya" <[email protected]> wrote in message
news:[email protected]...
    > On Fri, 06 Feb 2004 14:40:01 -0800, Joachim Feise
    > <[email protected]> wrote:
    > The I-485 takes in the region of 2 years to be processed correct?

Check out
https://egov.immigration.gov/graphic...jsp?textFlag=N
 
Old Feb 7th 2004, 1:57 am
  #6  
Concierge
 
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Default Re: Advance Parole and OverStay

Originally posted by Ganya
Thanks for the answer Joe,

The I-485 takes in the region of 2 years to be processed correct?

NYC USCIS should not issue you an advance parole document nor should you waste your money and apply. If they were to issue it and you were to be foolish enough to use it, then, yes, the ban kicks in and you will not be allowed to return to the US. Actually NYC doesn't issue them but the NBC will. The new procedure for this area is that NYC receives your petitions and forwards them to the NBC for initial processing. When that is completed they are returned to NYC for adjudication. Your notices to go for biometrics for the I-485 and the EAD if you have applied will come from the NBC and not NYC.

NYC is taking 19 to 24 months for adjudication of the I-485 for marriage-based I-485's. It is hoped with the intervention of the NBC in the initial processing that the timeline for adjudication will be shortened. Too soon to tell if that will happen though.

Rete
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Old Feb 8th 2004, 5:22 am
  #7  
Ganya
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Default Re: Advance Parole and OverStay

Thanks for the information.

Would it be possible to apply through Boston. I notice they are nearly
15 months ahead of NYC. Would I have to live there? Would I just
require an address? It's an easy trip.



On Sat, 07 Feb 2004 14:57:03 +0000, Rete
<member167@british_expats.com> wrote:

    >Originally posted by Ganya
    >> Thanks for the answer Joe,
    >> The I-485 takes in the region of 2 years to be processed correct?
    >
    >NYC USCIS should not issue you an advance parole document
    >nor should you waste your money and apply. If they were to issue it and
    >you were to be foolish enough to use it, then, yes, the ban kicks in and
    >you will not be allowed to return to the US. Actually NYC doesn't issue
    >them but the NBC will. The new procedure for this area is that NYC
    >receives your petitions and forwards them to the NBC for initial
    >processing. When that is completed they are returned to NYC for
    >adjudication. Your notices to go for biometrics for the I-485 and the
    >EAD if you have applied will come from the NBC and not NYC.
    >NYC is
    >taking 19 to 24 months for adjudication of the I-485 for marriage-based
    >I-485's. It is hoped with the intervention of the NBC in the initial
    >processing that the timeline for adjudication will be shortened. Too
    >soon to tell if that will happen though.
    >Rete
 

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