Tourist visa overstay won’t be permanent obstacle - Page 2

Overstays do not need to travel to adjust status - so what return trip are you referring to?

Referring to my previous post, overstays who are over 21 with pending/approved family based petition, are not eligible for in country adjustment. This is the scenario where a consulate interview back home is required, and where the AP might come into play.

Only via marriage or age under 18 is AOS applicable, because of this f'ed up USCIS definition of "immediate family" which excludes 21 and over family members.

Gotcha!

Very Interesting Read

Im having difficulty understanding this post. I know some info about it, but the post contradicts its self unless im reading it wrong or understanding it wrong.

I was granted deffered action, I entered the US as an EWI when i was 11 im 24 now and married to a US citizen. Ive have accrued 6 years of unlawful presence. Now on the first paragraph of this article says

"The three- and 10 -year “unlawful presence” bars do not apply to individuals who travel abroad with USCIS travel permission, what you correctly call “advanced parole.


then it says "That rule applies to Dreamers with deferred action and also those here with Temporary Protected Status
The question is, is he stating that the 3 to 10 year ban applies to us dreamers that leave the country and come back? or the BAN applies to all dreamers and TPS holders? kind of confusing.

still i keep reading and than it says that if we get approve for AP and travel abroad and come back its a legal entry ok granted it is a legal entry but, when you try and adjust your satus the only thing USCIS will look at will be the last entry you did is it really true i been reading more post and immigration lawyers web pages and i come to the conclution that you will face penalties liket the 3 to 10 year ban.



Here is an aswer of a lawyers webpage

Can travel abroad still have severe consequences for certain aliens, even if they have obtained Advance Parole?

Yes, due to changes to U.S. immigration law, travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status or changing their non-immigrant status. Such aliens may be found inadmissible to the United States upon return and/or their applications for adjustment or change of status may be denied.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission according to the 3/10 year ban, even if they have obtained Advance Parole. Under the 3/10 year ban, aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.
We need some one to really clarify this for us, or to be 100% i will need to meet some one that has already done it and has a GC in his hand.....

I am confused about this as well. DACA does not change your status just the way you are presence here. The problem is AP does not overrule your previous entry if it was ewt. It does not rid of the acrued years. So I think that's what it will sucks. AP will work if your last entry was legal though

The first segment, when it it says the ban does not apply, it's only referring to the departure/return-entry portion of this, as in you can physically leave and come back without being barred from the accrued unlawful presence (with the AP granted.)

Where it gets complicated is when the guy said this:

Until I see more concrete voicing of this by other attorneys, or some sort of USCIS guideline, I wouldn't believe it. He's saying the AP will make you go from; not being able to adjust in country to your fiance, to adjusting in country after leaving and coming back with an entry record.

That being said, sounds like in your case being an EWI, even without DACA/AP, there should be few different waivers for you to adjust to PR in no time.

It just sounds like a HUGE loophole for us

a bit toooo easy