loocfa

Thats my question,
if i go to my local uscis Immigration office, and ask them advice on my application, will this result in problems for me, as i have overstayed but i am married to a USC.
will they depot me or such?

meauxna

I don't see your shot..

You have accumulated more than enough time to earn a 10 year bar on your re-entry. If you look at the warning pages on USCIS.gov, they are clear: Advance Parole issuance is no guarantee of re-entry. You trigger that bar when you leave. Waivers are difficult and time consuming.. you won't be allowed to just come back.

Advance Parole also needs a valid status to be generated; you haven't yet had your I-485 accepted so to 'them', you don't exist and there is nothing to base an Emergency AP upon.
Do you think it's possible that you *wouldn't* be thrown in jail or sent back?

It's been shown many, many times that you may not rely on the information USCIS workers give you. Please use caution.

Tracym

Obviously, there needs to be an AOS application received.

Just thinking.... is this one of those situations where Mr. F says AP actually improves the person's standing? Or am I thinking of something else.....?

Folinskyinla

Hi:

Leave it ALONE. Do NOT go to your sister's wedding -- send your regrets.

What you want to do has a high price because YOU have overstayed and did not file. THEIR football field, their football, their rules.

You want what you want. In American slang you want to keep your cake and eat it too.

Please note that although I am a lawyer, I am not YOUR lawyer.

Folinskyinla

Hi:

I have this strange feeling that he thinks not.

Tracym

I guess that was an emphatic NO to my wonderings.

To the OP - if I were in your shoes, I would certainly do as he suggested.

Tracym

Hi

Methinks not too now

Posts crossed lol.

meauxna

Tracy, MrF has pointed out a couple of ways that parole may actually 'improve' someone's standing, but there is no way a person with this much overstay is going to be paroled back in.
BTW, I interpret 'inproved' only as a legal basis once in front of a judge. VWP entrants don't get a chance in front of the judge. I can see why MrF would find it an improvement but I'd rather not be in the position to need him, know what I mean?



edit: super cross!

Tracym

Double cross.... triple cross...

Noorah101

It's worth a shot if you don't mind being banned from the USA for 10 years. The AP does not protect you from that.

Rene

Noorah101

Also, you won't get your AP document if you have not yet submitted your AOS package. From you very first post, it seems like you have not done that yet. If you have not submitted your AOS package, there is NO way to get a travel document.

Rene

fatbrit

One of the funny things they sometimes do is to take your money and give you your AP. Then, when you arrive back their friends in CBP starve you for 24 hours in a smelly room shackled to an steel chair, and send you back to whence you came. They think its amusing; you may not.

Folinskyinla

Hi:

Do remember that **I**, as a lawyer, get the "janitorial work" when things go wrong.

I don't mind telling people that they might make work for me. In a substantive sense, the OP will be engaged in a self-CF if he leaves on AP. On a procedural sense, he might be better off -- but he WILL be before that IJ. But he indicates that he might not be able to afford that lawyer.

BTW, a little OT, I finally got the final order of approval last week on a case that started in 1992! Three times before the IJ, three times through the BIA and one trip to the Court of Appeals. The IJ was stubborn and made the same mistake TWICE, the second time after a quite explicit remand to the IJ. Client was 17 when the case started. However, it has taken so long, that her now long-time husband got relief too!

loocfa

id like to thank everyone who reply back to my thread,
helped a great deal,
thank you, this is an awesome site.