Marriage Greencard

Asked almost 4 years ago - Los Angeles, CA

I entered on a B-2 Visa 10yr multiple and have overstayed a few months. I've read that the overstay will not prevent me from getting the greencard in the U.S. if my U.S. Citizen petitions for me. My question is, if my wife also applies for the Advanced Parol document, and I want to travel back to my country (maybe by then i will have overstayed more than 6 months) while waiting for the greencard, will i be let back in or will the overstay cancel out the advanced parol and give me a ban? Should I just wait for the greencard before traveling home?

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . For additional information, see:

  2. Mark Richard Kowalewski

    Contributor Level 14

    Answered . This is to acknowledge and thank you for your question posted at

    In your situation, you will want to wait until you have completed the permanent residence process. This is because after accumulating 180 days of unlawful presence and you step outside the United States you become subject to a three year bar.

    Please be advised that my response to your question does not create an attorney-client relationship.

    Such a relationship is determined primarily by principles of agency and contract law. The relationship begins when the client acknowledges the lawyer's capacity to act on his or her behalf and the lawyer agrees to act for the benefit and under the control of the client.

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