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Out of status issues are forgiven for spouses of USCs only for AOS and also for Consular Processing.

Out of status issues are forgiven for spouses of USCs only for AOS and also for Consular Processing. Only for AOS, if an out of status person proceeds abroad for CP, they usually trigger either a 3 or 10 year bar to re-entry for unlawful presence (ULP). A waiver is possibly but unlikely if someone departs under those circumstances.

The 3 year bar kicks in when ULP reaches 180 days, the 10 year bar kicks in when they reach a year of ULP.

Bottom line---dont depart---dont do CP.

Only for AOS, if an out of status person proceeds abroad for CP, they usually trigger either a 3 or 10 year bar to re-entry for unlawful presence (ULP). A waiver is possibly but unlikely if someone departs under those circumstances.

The 3 year bar kicks in when ULP reaches 180 days, the 10 year bar kicks in when they reach a year of ULP.

Bottom line---do depart---dont do CP. Op, he means dont depart--- dont do CP.
Do AOS only if you have a overstay issue.

Not Over stayed only H1b stayed without pay stubs.