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Old 02-06-2004, 08:07 PM   #1 (permalink)
Ganya
 
Posts: 4
Default Advance Parole and OverStay

I have overstayed my 90 day I-94 by more than a year.

I am married to a US citizen and am going to apply for adjustment,
employment etc.

If I receive an Advanced Parole to travel will I be barred on the way
back in because of 3/10 year ban?

If this is the case how long realistically before I can travel?
Applying from New York City.


Thanks In Advance
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Old 02-06-2004, 08:13 PM   #2 (permalink)
Ganya
 
Posts: 4
Default Re: Advance Parole and OverStay

also... is there ANY way around this??

Thanks again
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Old 02-06-2004, 10:40 PM   #3 (permalink)
Joachim Feise
 
Posts: 968
Default Re: Advance Parole and OverStay

ganya wrote on 2/6/2004 12:07:
    > I have overstayed my 90 day I-94 by more than a year.
    >
    > I am married to a US citizen and am going to apply for adjustment,
    > employment etc.
    >
    > If I receive an Advanced Parole to travel will I be barred on the way
    > back in because of 3/10 year ban?

Yes.

    > If this is the case how long realistically before I can travel?

You can travel once the I-485 is approved, because then you are a PR.

-Joe
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Old 02-07-2004, 01:03 AM   #4 (permalink)
Ganya
 
Posts: 4
Default Re: Advance Parole and OverStay

On Fri, 06 Feb 2004 14:40:01 -0800, Joachim Feise
<> wrote:

    >ganya wrote on 2/6/2004 12:07:
    >> I have overstayed my 90 day I-94 by more than a year.
    >>
    >> I am married to a US citizen and am going to apply for adjustment,
    >> employment etc.
    >>
    >> If I receive an Advanced Parole to travel will I be barred on the way
    >> back in because of 3/10 year ban?
    >Yes.
    >> If this is the case how long realistically before I can travel?
    >You can travel once the I-485 is approved, because then you are a PR.
    >-Joe

Thanks for the answer Joe,

The I-485 takes in the region of 2 years to be processed correct?
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Old 02-07-2004, 02:27 PM   #5 (permalink)
Jozef
 
Posts: 812
Default Re: Advance Parole and OverStay

"ganya" <> wrote in message
news:...
    > On Fri, 06 Feb 2004 14:40:01 -0800, Joachim Feise
    > <> wrote:
    > The I-485 takes in the region of 2 years to be processed correct?

Check out
https://egov.immigration.gov/graphic...jsp?textFlag=N
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Old 02-07-2004, 02:57 PM   #6 (permalink)
Rete
 
Posts: 9736
Default Re: Advance Parole and OverStay

Originally posted by Ganya
    > Thanks for the answer Joe,

    > The I-485 takes in the region of 2 years to be processed correct?



NYC USCIS should not issue you an advance parole document
nor should you waste your money and apply. If they were to issue it and
you were to be foolish enough to use it, then, yes, the ban kicks in and
you will not be allowed to return to the US. Actually NYC doesn't issue
them but the NBC will. The new procedure for this area is that NYC
receives your petitions and forwards them to the NBC for initial
processing. When that is completed they are returned to NYC for
adjudication. Your notices to go for biometrics for the I-485 and the
EAD if you have applied will come from the NBC and not NYC.

NYC is
taking 19 to 24 months for adjudication of the I-485 for marriage-based
I-485's. It is hoped with the intervention of the NBC in the initial
processing that the timeline for adjudication will be shortened. Too
soon to tell if that will happen though.

Rete

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Old 02-08-2004, 06:22 PM   #7 (permalink)
Ganya
 
Posts: 4
Default Re: Advance Parole and OverStay

Thanks for the information.

Would it be possible to apply through Boston. I notice they are nearly
15 months ahead of NYC. Would I have to live there? Would I just
require an address? It's an easy trip.



On Sat, 07 Feb 2004 14:57:03 +0000, Rete
<member167@british_expats.com> wrote:

    >Originally posted by Ganya
    >> Thanks for the answer Joe,
    >> The I-485 takes in the region of 2 years to be processed correct?
    >
    >NYC USCIS should not issue you an advance parole document
    >nor should you waste your money and apply. If they were to issue it and
    >you were to be foolish enough to use it, then, yes, the ban kicks in and
    >you will not be allowed to return to the US. Actually NYC doesn't issue
    >them but the NBC will. The new procedure for this area is that NYC
    >receives your petitions and forwards them to the NBC for initial
    >processing. When that is completed they are returned to NYC for
    >adjudication. Your notices to go for biometrics for the I-485 and the
    >EAD if you have applied will come from the NBC and not NYC.
    >NYC is
    >taking 19 to 24 months for adjudication of the I-485 for marriage-based
    >I-485's. It is hoped with the intervention of the NBC in the initial
    >processing that the timeline for adjudication will be shortened. Too
    >soon to tell if that will happen though.
    >Rete
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