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

    Pro

    Contributor Level 20

    8

    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 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.

    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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,491 answers this week

3,158 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,491 answers this week

3,158 attorneys answering