welykuk

I hope someone might know the definitive answer to this. The 180 days you have to leave after your visa expires if you get advance parole paperwork while waiting for a green card which is subsequentlly denied does the 180 days start when the visa expired (in which case we have 2 weeks to get a family of 4 out) or from the denial letter?
Also if we leave how long before we can come back as a tourist?
We have spoken to 2 immigration lawyers neither of which sounds certain and have left messages at the airport we travel through and have spent hours trying to find the answer on the USCIS phoneline I plan to keep trying but if we do have to go in 2 weeks I have other thhings I need to do

Duncan Roberts

What?

ladyofthelake

Yet you think we will know the answer??
You might want to try asking in the immigration areas for a better answer.

Bob

Post in the visa section for more help...

But, you need to provide more info, like what type of process you were going through for the greencard and why you needed AP....because you don't need to leave until you get a decision about the greencard AOS, and that's only if it is denied.

Ray

The answer is quite simply this: Nothing in the statutes or in any judicial decision grants any form of "grace period" to an individual who has been denied an immigration benefit. The only form of "grace period" which can ever be provided by the government to such individual is one afforded by an Immigration Judge in U.S. Immigration Court. That means that unless you are in asylum, deportation, or such other type of legal proceeding within Immigration Court, you cannot be under any form of "grace period."

This means the following: Theoretically, the moment you are terminated by an employer, the moment that you get a notice of denial from the BCIS, or the moment that anything happens which terminates your current status as a non-immigrant, you are required to leave the United States right away.

welykuk

I think this is why the immigration lawyers are being vague. I thought there might be someone on the forum who'd been in a similar position and had clarified it already. Honeymommy was I beleive although I can't find her original post now that explained the names of relevant filings. Certainly they were on the L visa as we were but theirs had been valid for the maximum term whereas we couldn't renew ours after the 3rd year which is why we went for AP/green card. If we could find out how long we have to leave the country for before we can return as a tourist I'd be willing to leave now and sort it out in a few months. We really don't want to be in a situation where we have overstayed.

NC Penguin

Surely a good immigration lawyer can give the client a firm or clear answer to your question?

Can't those immigration lawyers give you an indication of the time you should allow before visiting the US on a Visa Waiver?



NC Penguin

Ray

Honeymommy was on a H1-B... you should have left the week you got the denial ...

NC Penguin

I'm closing this thread. The OP should search for or post in the US Visas or US Immigration forums on British Expats.

There are more people reading those forums who have experience or knowledge in the subject area in question.




NC Penguin