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Immigration
Adjustment of Status - I-485
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Advanced Parole and travel after F1 visa overstay
Hey guys,
I'm a new member and wanted your valuable input. I came in 2004, on F1. Got my MS in STEM field and dropped out of PhD program in 2011 (due to several reasons including funding being pulled). So I've been out of status since Sep 2011. I got married March 2016 to a USC and in the process of applying for AOS and EAD (I live in SF, CA). My question is regarding the 10 year automatic ban if one over stays their visa. Can I use the EAD/AP (if approved) to visit my aging parents in Asia? The visit will be in case of emergency only and not for taking a vacation. My dad has been bed ridden for months now and Doc have given him 6-8 months at the most. I'd be devastated if he passes away and I'm not able for the funeral
I've heard that F and J are not considered unlawful presence based on i94 saying D/S (duration of study), even if they over stay their visa and only an immigration judge can decide if a violation occurred . Also, I've been told that there is a new precedence which says that traveling on AP after over stay does not trigger the 3-10 year rule
My two major questions:
1. Has anyone been approved AP after overstay of their visa?
2. Has any one traveled on AP after overstaying their visa and what was their experience
Thank you and good luck to all
I'm a new member and wanted your valuable input. I came in 2004, on F1. Got my MS in STEM field and dropped out of PhD program in 2011 (due to several reasons including funding being pulled). So I've been out of status since Sep 2011. I got married March 2016 to a USC and in the process of applying for AOS and EAD (I live in SF, CA). My question is regarding the 10 year automatic ban if one over stays their visa. Can I use the EAD/AP (if approved) to visit my aging parents in Asia? The visit will be in case of emergency only and not for taking a vacation. My dad has been bed ridden for months now and Doc have given him 6-8 months at the most. I'd be devastated if he passes away and I'm not able for the funeral
I've heard that F and J are not considered unlawful presence based on i94 saying D/S (duration of study), even if they over stay their visa and only an immigration judge can decide if a violation occurred . Also, I've been told that there is a new precedence which says that traveling on AP after over stay does not trigger the 3-10 year rule
My two major questions:
1. Has anyone been approved AP after overstay of their visa?
2. Has any one traveled on AP after overstaying their visa and what was their experience
Thank you and good luck to all
All Replies (12)
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