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#89
12-30-2013, 05:31 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,991 posts
Demise
Quote:
Originally Posted by Jmed1209 View Post
I got approve to travel with AP under humanitarian reasons I have until January 26 to use it but I am not sure if I will go since I'm not in the process of adjusting status nor do I have a way of adjusting status as of now.... :/ don't know what to do and I need to make a decision soon
Well traveling on AP is always a risk whereas there's a 99% chance you'll be allowed re-entry there's always the little chance they'll deny you and then what.

Only good thing here however is that if you entered illegally and re-enter using AP you'll be able to adjust via marriage at any time in the future.

Quote:
Originally Posted by Malign0n View Post
For those who entered legally in the US this is not necessary for a Green card application, but instead just to leave the country and come back. Again we don't know the repercussions of applying for AP as a visa overstay but I imagine it being on the lines of leaving the US and reentering would count as a second entry.
Using AP as an overstayer doesn't change anything, instead you have your legal entry on a visa overwritten by a legal entry as a parolee.

However AP doesn't count as admission for purposes of 245(k), so AP does not open a loophole to seek adjustment via employment.
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LPR these days
Last edited by Demise; 12-30-2013 at 05:35 PM..
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