Hyacinthus

I've just filed my appllication for adjustment of status. Before filing, I heard that
the timeline for the application process for the center (San Jose, CA) where I filed
will be around one year. (Are we too optimistic?)I and my newly wedded husband (we
married in the US, he's a USC) want to go back to Hong Kong around one year later to
hold our wedding reception there. Therefore, I didn't apply for an advance parole.
However, I've learnt that lately my dad's health is deteriorating. We want to do the
wedding reception in Hong Kong and see my parents ASAP.

From the INS website, I understand that even one have obtained an advance parole, one
still may not be admitted to the US:

"aliens who depart the United States after accruing certain periods of unlawful
presence in the United States can be barred from admission, even if they have
obtained Advance Parole."

I was admitted into the US as a Canadian Permanent Resident (HK BNO passport) 8
months ago. I understand that there's no stated time limit of stay for Canadians in
the US. (Am I correct?) However, 8 months is a bit long. Therefore, I am a bit
worried that for my case, can I still re-enter the US even I've obtained an advance
parole? I haven't violated any rules on Canadian visitor during my stay in the US.
And, how long will it take to obtain the advance parole?

Many thanks.

Abe

If you have always been in status in the US I wouldn't be worried. I am getting hard
to believe however that there is no time limit of stay for Canadians under a tourist
status. Did they stamp your passport when you entered the country? If they did, they
must have stated the time length which you were authorized to stay. If they didn't, I
would check what the normal time limit is as a visitor. Typically, it's not more than
6 months. If you were out of status at some point, it could be a problem.

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Shelley

There is a 6 month limit on Canadians visiting the US. If it was 8 months after
you entered that you filed for your AOS, then you have a two month overstay. Take
Care. Shelley

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Andy Platt

Overstay yes, illegal presence no.

Andy.

--
I'm not really here - it's just your warped imagination.

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[usenetquote2]> > I've just filed my appllication for adjustment of status. Before filing, I heard[/usenetquote2]
[usenetquote2]> > that the timeline for the application process for the center (San Jose, CA) where[/usenetquote2]
[usenetquote2]> > I filed will be around one year. (Are we too optimistic?)I and my newly wedded[/usenetquote2]
[usenetquote2]> > husband (we married in the US, he's a USC) want to go back to Hong Kong around[/usenetquote2]
[usenetquote2]> > one year later to hold our wedding reception there. Therefore, I didn't apply for[/usenetquote2]
[usenetquote2]> > an advance parole. However, I've learnt that lately my dad's health is[/usenetquote2]
[usenetquote2]> > deteriorating. We want to do the wedding reception in Hong Kong and see my[/usenetquote2]
[usenetquote2]> > parents ASAP.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > From the INS website, I understand that even one have obtained an advance parole,[/usenetquote2]
[usenetquote2]> > one still may not be admitted to the US:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > "aliens who depart the United States after accruing certain periods of unlawful[/usenetquote2]
[usenetquote2]> > presence in the United States can be barred from admission, even if they have[/usenetquote2]
[usenetquote2]> > obtained Advance Parole."[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I was admitted into the US as a Canadian Permanent Resident (HK BNO passport) 8[/usenetquote2]
[usenetquote2]> > months ago. I understand that there's no stated time limit of stay for Canadians[/usenetquote2]
[usenetquote2]> > in the US. (Am I correct?) However, 8 months is a bit long. Therefore, I am a bit[/usenetquote2]
[usenetquote2]> > worried that for my case, can I still re-enter the US even I've obtained an[/usenetquote2]
[usenetquote2]> > advance parole? I haven't violated any rules on Canadian visitor during my stay[/usenetquote2]
[usenetquote2]> > in the US. And, how long will it take to obtain the advance parole?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Many thanks.[/usenetquote2]

Michael Voight

Andy Platt wrote:
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Is an overstay not an illegal presence???

Alvena Ferreira

Hyacinthus wrote:

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Actually, if you did not get an I-94 card upon entry, you don't accrue any illegal
presence, since there is no proof of how long you have been here unless you admit to
it. Alvena

See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org