Splitting hairs question on leaving US when out of status.
Jul 20th 2004, 9:12 am
#1
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Splitting hairs question on leaving US when out of status.
Ok, just looking for a view on this question, if a person out of status leaves the country after filing AOS and then wishes to return to the US, would a I-212 work to get them back into the country? I was just small talking with my attorney about the fact that I cannot leave the country until my AOS is done and that I want to see my kids back in Ireland and he said that it would be possible but not a normal procedure and that filing an I-212 (I think that is the document he said) would allow me back into the country.
Is this true? (doubting Thomas here
) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.
Anyone ever experience this?
Patrick
Is this true? (doubting Thomas here
) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.Anyone ever experience this?
Patrick
Jul 20th 2004, 9:28 am
#2
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
Ok, just looking for a view on this question, if a person out of status leaves the country after filing AOS and then wishes to return to the US, would a I-212 work to get them back into the country? I was just small talking with my attorney about the fact that I cannot leave the country until my AOS is done and that I want to see my kids back in Ireland and he said that it would be possible but not a normal procedure and that filing an I-212 (I think that is the document he said) would allow me back into the country.
Is this true? (doubting Thomas here ) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.
Anyone ever experience this?
Patrick
Ok, just looking for a view on this question, if a person out of status leaves the country after filing AOS and then wishes to return to the US, would a I-212 work to get them back into the country? I was just small talking with my attorney about the fact that I cannot leave the country until my AOS is done and that I want to see my kids back in Ireland and he said that it would be possible but not a normal procedure and that filing an I-212 (I think that is the document he said) would allow me back into the country.
Is this true? (doubting Thomas here
) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.Anyone ever experience this?
Patrick
How many kids do you have?, I bet you miss them so much!!
Jul 20th 2004, 9:35 am
#3
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by Hypertweeky
I believe the I-212 is the application for permision to re-apply for admision into the US after deportation or removal (Google rocks lol).. but won't you need a visa??.
How many kids do you have?, I bet you miss them so much!!
I believe the I-212 is the application for permision to re-apply for admision into the US after deportation or removal (Google rocks lol).. but won't you need a visa??.
How many kids do you have?, I bet you miss them so much!!
As far as the whole visa to re-enter I have no idea. It was only small talk and I was pointing out that I was really looking forward to travelling to Ireland to see my kids and if things do take too long I may end up trying to get them out here on holiday (when I am working and able to pay for their tickets). It was during this that he mentioned it was possible to travel before completion of the AOS BUT that it would need the I-212 (or maybe it was I246, was 2.. something
). That is why I am wondering has anyone done this or have any other info on this.
TIA
Patrick
Jul 20th 2004, 9:38 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
I raised one child of my ex-wife from a previous relationship and also have a son. And yes there have been many tears shed after telephone conversations with them.
As far as the whole visa to re-enter I have no idea. It was only small talk and I was pointing out that I was really looking forward to travelling to Ireland to see my kids and if things do take too long I may end up trying to get them out here on holiday (when I am working and able to pay for their tickets). It was during this that he mentioned it was possible to travel before completion of the AOS BUT that it would need the I-212 (or maybe it was I246, was 2.. something ).
That is why I am wondering has anyone done this or have any other info on this.
TIA
Patrick
I raised one child of my ex-wife from a previous relationship and also have a son. And yes there have been many tears shed after telephone conversations with them.
As far as the whole visa to re-enter I have no idea. It was only small talk and I was pointing out that I was really looking forward to travelling to Ireland to see my kids and if things do take too long I may end up trying to get them out here on holiday (when I am working and able to pay for their tickets). It was during this that he mentioned it was possible to travel before completion of the AOS BUT that it would need the I-212 (or maybe it was I246, was 2.. something
). That is why I am wondering has anyone done this or have any other info on this.
TIA
Patrick
. I hope you can get them for the holidays if you decide not to leave before AOS is adjudicated.((Patrick)) huggie! hope that makes you feel a little better!
It's the I-212, but You might need a K3 to re-enter.. I don't know.. Maybe someone else will chime in and enlight us!
NEED SOME HELP HERE!!!
Jul 20th 2004, 9:42 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by Hypertweeky
Aww I am so sorry Patrick, you are such a good daddy though. I hope you can get them for the holidays if you decide not to leave before AOS is adjudicated.
((Patrick)) huggie! hope that makes you feel a little better!
It's the I-212, but You might need a K3 to re-enter.. I don't know.. Maybe someone else will chime in and enlight us!
NEED SOME HELP HERE!!!
Aww I am so sorry Patrick, you are such a good daddy though
. I hope you can get them for the holidays if you decide not to leave before AOS is adjudicated.((Patrick)) huggie! hope that makes you feel a little better!
It's the I-212, but You might need a K3 to re-enter.. I don't know.. Maybe someone else will chime in and enlight us!
NEED SOME HELP HERE!!!
Jul 20th 2004, 9:43 am
#6
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
Thanks Tweeky
Thanks Tweeky
Jul 20th 2004, 9:45 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by Hypertweeky
We are here to help so if you need anything else.. I am just a PM away
We are here to help so if you need anything else.. I am just a PM away
Patrick
Jul 20th 2004, 9:49 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
I raised one child of my ex-wife from a previous relationship and also have a son. And yes there have been many tears shed after telephone conversations with them.
As far as the whole visa to re-enter I have no idea. It was only small talk and I was pointing out that I was really looking forward to travelling to Ireland to see my kids and if things do take too long I may end up trying to get them out here on holiday (when I am working and able to pay for their tickets). It was during this that he mentioned it was possible to travel before completion of the AOS BUT that it would need the I-212 (or maybe it was I246, was 2.. something ).
That is why I am wondering has anyone done this or have any other info on this.
TIA
Patrick
I raised one child of my ex-wife from a previous relationship and also have a son. And yes there have been many tears shed after telephone conversations with them.
As far as the whole visa to re-enter I have no idea. It was only small talk and I was pointing out that I was really looking forward to travelling to Ireland to see my kids and if things do take too long I may end up trying to get them out here on holiday (when I am working and able to pay for their tickets). It was during this that he mentioned it was possible to travel before completion of the AOS BUT that it would need the I-212 (or maybe it was I246, was 2.. something
). That is why I am wondering has anyone done this or have any other info on this.
TIA
Patrick
Sorry to stick my nose in one of your threads again, but I think SF is processing papers pretty quickly these days. It took me about 10 months to get to interview. The more recent cases I've seen here took only about 7 months or so (from submission to interview).
Risking a trip in that period just seems foolhardy to me. You know you will be banned for 10 years given your 4 year overstay, even if you travel with AP. Why go through the administrative hassle involved to get you back in?
Just my 2 pennies....
Anna
Jul 20th 2004, 9:50 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
Just as long as you don't PM Ray6
Patrick
Just as long as you don't PM Ray6
Patrick
and now he says something about his throat? Oh boy.. He needs some serious help lol.
Jul 20th 2004, 9:51 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
Ok, just looking for a view on this question, if a person out of status leaves the country after filing AOS and then wishes to return to the US, would a I-212 work to get them back into the country? I was just small talking with my attorney about the fact that I cannot leave the country until my AOS is done and that I want to see my kids back in Ireland and he said that it would be possible but not a normal procedure and that filing an I-212 (I think that is the document he said) would allow me back into the country.
Is this true? (doubting Thomas here ) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.
Anyone ever experience this?
Patrick
Ok, just looking for a view on this question, if a person out of status leaves the country after filing AOS and then wishes to return to the US, would a I-212 work to get them back into the country? I was just small talking with my attorney about the fact that I cannot leave the country until my AOS is done and that I want to see my kids back in Ireland and he said that it would be possible but not a normal procedure and that filing an I-212 (I think that is the document he said) would allow me back into the country.
Is this true? (doubting Thomas here
) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.Anyone ever experience this?
Patrick
There are a few on here who have had I-212's approved, but that was after a denial of their I-129f or I-130 at the overseas Consulate. What I know of the process is that after the I-129f/I-130 is denied - basically because of an overstay of longer than 6 months - then they can file the I-212. Take a look at the I-212 on the USCIS site and see what they say it is for. If the I-212 is approved - which I've heard is not easy, then I think they can get the denied I-129/I-130 approved and enter the US on the appropriate visa.
But to be honest, I could be way off on this, so I wish I could be of better help to ya. Hmmm...and I wonder if I'm getting confused in some way with the I-601 waiver???
Someone will enlighten us I'm sure..The lawyers floating around may chime in hopefully.
Ciao,
Jamie
Jul 20th 2004, 9:55 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by sunflwrgrl13
As far as I'm aware, the I-212 is a hardship waiver for someone who has been deported/removed from the US. What I'm not sure of, is whether it matters if the person left of their own free will, or was forcibly removed. And to be quite honest, I'm really not really 100% sure when it's needed.
There are a few on here who have had I-212's approved, but that was after a denial of their I-129f or I-130 at the overseas Consulate. What I know of the process is that after the I-129f/I-
As far as I'm aware, the I-212 is a hardship waiver for someone who has been deported/removed from the US. What I'm not sure of, is whether it matters if the person left of their own free will, or was forcibly removed. And to be quite honest, I'm really not really 100% sure when it's needed.
There are a few on here who have had I-212's approved, but that was after a denial of their I-129f or I-130 at the overseas Consulate. What I know of the process is that after the I-129f/I-
Isn't that the I-601 waiver?,I remember Beachbunny's hubby got one of those.
We need some help!!!
Jul 20th 2004, 9:57 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by AnnaV
Hey, Patrick,
Sorry to stick my nose in one of your threads again, but I think SF is processing papers pretty quickly these days. It took me about 10 months to get to interview. The more recent cases I've seen here took only about 7 months or so (from submission to interview).
Risking a trip in that period just seems foolhardy to me. You know you will be banned for 10 years given your 4 year overstay, even if you travel with AP. Why go through the administrative hassle involved to get you back in?
Just my 2 pennies....
Anna
Hey, Patrick,
Sorry to stick my nose in one of your threads again, but I think SF is processing papers pretty quickly these days. It took me about 10 months to get to interview. The more recent cases I've seen here took only about 7 months or so (from submission to interview).
Risking a trip in that period just seems foolhardy to me. You know you will be banned for 10 years given your 4 year overstay, even if you travel with AP. Why go through the administrative hassle involved to get you back in?
Just my 2 pennies....
Anna
Hopefully as you pointed out SF will process my AOS quickly. The lawyer reckons about 60 days to work authorization and then 6 - 9 months to AOS interview. Even if there was a hitch I would not risk leaving and having to fight immigration for re-entry.
But thanks for the advice Anna
Something my attorney also said is that it is MUCH harder to fight a case when someone enters the country illegally than if someone overstays.
I suppose the old rule of thumb applies, if you have enough cash to throw at it, anything is possible.
Patrick
Jul 20th 2004, 9:58 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
I have NO intention of travelling, after been here 4 years and then to get banned, THAT would really suck.
Hopefully as you pointed out SF will process my AOS quickly. The lawyer reckons about 60 days to work authorization and then 6 - 9 months to AOS interview. Even if there was a hitch I would not risk leaving and having to fight immigration for re-entry.
But thanks for the advice Anna
Something my attorney also said is that it is MUCH harder to fight a case when someone enters the country illegally than if someone overstays.
I suppose the old rule of thumb applies, if you have enough cash to throw at it, anything is possible.
Patrick
I have NO intention of travelling, after been here 4 years and then to get banned, THAT would really suck.
Hopefully as you pointed out SF will process my AOS quickly. The lawyer reckons about 60 days to work authorization and then 6 - 9 months to AOS interview. Even if there was a hitch I would not risk leaving and having to fight immigration for re-entry.
But thanks for the advice Anna
Something my attorney also said is that it is MUCH harder to fight a case when someone enters the country illegally than if someone overstays.
I suppose the old rule of thumb applies, if you have enough cash to throw at it, anything is possible.
Patrick
Wish you nothing but the very best!
Jul 20th 2004, 10:09 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by Hypertweeky
Isn't that the I-601 waiver?,I remember Beachbunny's hubby got one of those.
We need some help!!!
Isn't that the I-601 waiver?,I remember Beachbunny's hubby got one of those.
We need some help!!!
Just so as everyone is on the same page,, I have no plans to leave the US until I have my permanent resident stamp in my passport
Patrick
Jul 20th 2004, 11:06 am
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Re: Splitting hairs question on leaving US when out of status.
Originally posted by inquisitive40
Ok, just looking for a view on this question, if a person out of status leaves the country after filing AOS and then wishes to return to the US, would a I-212 work to get them back into the country? I was just small talking with my attorney about the fact that I cannot leave the country until my AOS is done and that I want to see my kids back in Ireland and he said that it would be possible but not a normal procedure and that filing an I-212 (I think that is the document he said) would allow me back into the country.
Is this true? (doubting Thomas here ) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.
Anyone ever experience this?
Patrick
Ok, just looking for a view on this question, if a person out of status leaves the country after filing AOS and then wishes to return to the US, would a I-212 work to get them back into the country? I was just small talking with my attorney about the fact that I cannot leave the country until my AOS is done and that I want to see my kids back in Ireland and he said that it would be possible but not a normal procedure and that filing an I-212 (I think that is the document he said) would allow me back into the country.
Is this true? (doubting Thomas here
) How long would it take though? My main worry has always been my elderly mother dying and the problems related to travel and the possibility of not being able to attend her funeral without being banned for 10 years from the US.Anyone ever experience this?
Patrick
You'd be essentially abandoning your I-485 and be stuck out of the US until you received an approved immigrant visa. Don't travel without a green card, or a parole letter if you plan on coming back anytime soon.
If travelling was a great concern, you should have gotten the immigrant visa prior to entering the US. Adjusting status exists to allow people to become permanent residents without having to leave the US. If you leave the US they feel that they might as well check you out thoroughly before allowing you back in to live.
