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?
This is to acknowledge and thank you for your question posted at Avvo.com
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.
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