john a
May 8, 2021
Is it safe to travel on advance parole with overstayed pending AOS.
I had my marriage interview (married to USC) in March. it went well but officer was new and could not approve without supervisor permission. It seems like it will take forever. Also I overstayed my visa more than 2 years and worked without authorization. Additionally, I have pending asylum ( never had interview ) since 2018. I want to travel to third country (not to my home country because of my pending asylum). Did not apply for advance parole when submitting my AOS package. if apply for I-131, does not it effect on my completed interview decision? if not what I am losing ?! if I got approved for I-131, is it safe to travel and come back with mentioned situation above ?
Thank you.
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Robbin DecareauMay 8, 2021
wait hold on… you had a green card interview for your family based case 2 years ago and you still didn’t get a decision?
john aMay 8, 2021
my green card interview was on March 2021 and my PD for AOS was August 2020.
I have pending asylum case since 2018.
slimani jrMay 8, 2021
@john a did they reuse your biometrics?
karp cMay 8, 2021
where you traveling
Robbin DecareauMay 8, 2021
that seems like an extremely unreasonable delay, have you considered contacting a lawyer to file a lawsuit? you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. filing a lawsuit won’t cause the USCIS to deny your case, it’ll be decided purely on the evidence provided and the merits of the case you’ve made and nothing else so you don’t have to worry about that
karp cMay 8, 2021
lawsuit requires 2 weeks prep, gives USCIS 60 days to respond
Joe SamMay 8, 2021
no
Robbin DecareauMay 8, 2021
@Alexander Jon I’ve never heard of anyone asking (and being granted a green card) at a point of entry to the USA. where did you get this information from?
Robbin DecareauMay 8, 2021
you shouldn’t give people advice if you haven’t verified it… especially since it could cause him to be stuck outside the USA
john aMay 8, 2021
Alexander Jon, how they can ask for green card if no decision made yet ?
john aMay 8, 2021
Robbin Decateau, my case still in regular processing time. it’s only been 2 months since my interview completed.
Robbin DecareauMay 8, 2021
yes I understand that but you have to consider when you first filed not when they last took action on your case. when did you first file your adjustment of status? it’s been 3 years since you filed for asylum that seems like an extremely unreasonable delay. anyways it’s up to you what you do but I’d consider filing a lawsuit if they don’t respond in the next couple of months
john aMay 8, 2021
last year I married to USC and I filed for adjustment of status on August 2020. and I want to apply for advance parol though that case, not through my asylum.
kings wifeyMay 8, 2021
@robbin i totally agree with you👌🏻
zamair smithMay 11, 2021
you can’t travel if you don’t have a valid advance parole ... the I-130 won’t allow you to enter through a port of entry.... if your i485 was approve you could travel n then have someone mail you green card ... but without a advance parole or a green card you shouldn’t
zamair smithMay 11, 2021
if you have an advance parole it’s a go for me ... I overstayed my visiting visa for 3 years and travel on my AP card n came back thanks God
