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got advance parole - want to visit India + 2 months of total overstay

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  • got advance parole - want to visit India + 2 months of total overstay

    Hi,

    I have applied for VAWA and my i-485 is also pending with USCIS..

    I got my combo card both EAD and Advance Parole.

    I want to visit my home country India. But I have total 2 months of overstayed visa when I came here on visitor visa.

    Is it ok to visit my home country as it is little urgent for me and coming back on advance parole as I have 2 months of overstayed visa ?

    I read online that they put bar of 3 years if someone overstayed visa for more than 180 days but I did it for 2 months.

    Thanks..

  • #2
    If you depart after granted Advance Parole and return on that grant of Advance Parole, you do not trigger the unlawful presence ban, even if you had accrued more than 180 days of unlawful presence.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      ok. I also got married on visitor visa to a USA citizen. I got visitor visa of 6 months and married on 5th month.

      So, does that make impact on coming back to USA on Advance Parole ?

      Thank you.

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      • #4

        Can you please provide the timelines of the EAD processing

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        • #5
          7 to 8 months

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          • #6
            If you depart after granted Advance Parole and return on that grant of Advance Parole, you do not trigger the unlawful presence ban, even if you had accrued more than 180 days of unlawful presence.

            how come? I’m in the same situation. Fell out of status for about 2 months. Applied for EAD combo through VAWA

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            • #7
              Originally posted by bronxaos View Post
              If you depart after granted Advance Parole and return on that grant of Advance Parole, you do not trigger the unlawful presence ban, even if you had accrued more than 180 days of unlawful presence.

              how come?
              Matter of Arrabally

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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