Is it possible to travel on an I-131 if your adjust of status application is still pending? I over stayed my B-2 visa in 2005 and my adjust of status application is pending. Would traveling on an I-131 in my situation trigger the 10 year ban?
If you overstayed over 180 days, you might be subject to either a 3 or 10 year bar if you traveled outside the U.S. before you obtained a green card. It's not altogether clear, but why take the risk?
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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There are some factors that I would need to know to be more definitive in my answer, such as your age during your period of overstaying. But, in general, if you overstayed your B-2 visa for 180 days or more before filing your adjustment of status application then your departure from the United States will trigger a 3 year bar to re-entry. If you overstayed for one year or more you will be barred from re-enetring the United States for 10 years. Just going by the facts you laid out, it would be extremely risky to travel prior to the approval of your adjustment of status application .
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