Q: I need some advice about using advance parole for a short visit home (non-emergency).
I need some advice about using advance parole for a short visit home (non-emergency).
I entered the us on the visa waiver program last year , intending to stay 2 weeks . Things changed and I ended up staying and marrying my husband . My stamp expired on 20 November 2016 and we filed i130/485 and all the other relevant paperwork as well as i131 advance parole on 17 February 2017, meaning I had an over stay of 89 days. Is it safe for me to travel using my ead/ap combo card to visit my family without incurring a ban, as the ban only kicks in after 180 days ? If they were to deny me entry, on what basis would it be? I have no over stay/nothing on my immigration record, and no criminal record or any other grounds for inadmissibility, so I cannot file a I601 waiver as I do not qualify to do so. I have a SSN and own a home in the USA with my husband. I'm trying to prepare for any case scenario at this time before I travel.
A:
I am going to assume you have a pending I-130/I-485 and that is the basis for your EAD. NO. DO NOT TRAVEL until you have received your conditional green card. You made the decision to enter the US on a non immigrant visa and remain to immigrate. You need to sit tight. If you leave, your application to adjust will be considered abandoned and you will need to refile through consulate processing in your home country. This is because of the brief overstay time.
Under the new administration I see the possibility of it becoming a requirement that if you enter the USA on a non immigrant visa you must leave the USA to apply for an immigrant visa through consulate processing.
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