I have been in the States since Feb 2016 admitted with B2. I stayed here for 6 months and got a visa extension approved until Dec 20. I requested one more extension until June 10. 2 months ago I got married and I am applying for adjust of status. Me and my husband are planning a trip to outside the States. I havent heard anything about USCIS about my visa extension. I heard if after 180 days if you havent heard their answer you have to leave the country. So how is my scenario? If I got the advance parole like in July it looks like I overstayed here and I cant leave the country with the AP?
Having applied for marriage to USC AOS & the Advance Parole travel document that goes with it, once issued you will be able to travel without any problems and be readmitted without a hitch, assuming have no hidden inadmissibility issues. Talk to your lawyer, the one who is currently preparing your I-485 AOS and everything else that goes with it.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Don't count on getting the second B2 extension approved (or getting the decision before June). You should be focusing on filing adjustment application now, without a missing document (as missing key documents will delay your case and advance parole approval). Yes, you should be OK travelling with advance parole approval.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
Did you apply for Advance Parole (travel permit) along with your AOS? If yes, do you have in possession your travel permit? Assuming your answer is "Yes" to the two questions, then generally, you should be able to travel outside the US with no issue, assuming further that you don't have any inadmissibility concerns. Talk to your attorney who prepared your AOS before leaving the US. If you don't have one, I encourage you to at least consult one, either for free or for a fee.
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