Hi VJers


I am awaiting my AOS. I got my AP now, and I want to travel to Canada to see my family for a wedding. I was a F-1 Student in Status, now awaiting AOS. I read on the AP document that this does not Guarantee you entrance into the united states? What is meant by that? How can they not let you back in, or under what circumstances.

Well I have heard of several people that have gone back to visit their homecountry with the AP,was not a problem at all.

I think what is meant by that statement is that you are not guaranteed entry if there are other things that would cause them to turn you away. For example, if you have a criminal record or have overstayed a visa in the US in the past... or if you have something illegal in your car. I think it just means that AP is not a "get-out-of-jail-free" card.

But I've never heard of anyone not being admitted on AP so you should have no problems.

I would tend to agree with all of these posts, but this thread suggests otherwise.
http://www.visajourney.com/forums/index.php?showtopic=122556

My husband used his AP twice while his AOS was still pending and had no problem entering the USA again.

Nothing but a US Passport guarantees you entry into the USA. valid visa, green card or AP document holders are never guaranteed entry.

The AP gives you a status of "Paroled" once you enter the country, which is different from the status you may have had before you left. Leaving before your AoS application as adjudicated and approved removes you from the status of pending decision from the US Attorney General, but when you come to the border with an AP document, its basically the Department of Homeland Security allowing you as a person back into the country even though your status has changed. Since you no longer have the pending status, you're given a paroled status.

As for the why they would not let you back in, that's up to the discretion of the CBP officer and their supervisors. While it is unlikely that you will run into any problems, there is always the chance of a problem when you leave and re-entry the USA when you're not a citizen.

RatBox, you should copy your whole post and save it somewhere permanently. That's a great explanation of exactly what the "you are not guaranteed entry" language means.

I'm not sure I understand the implications of the 'paroled' versus 'pending'.

If an AOS applicant receives their AP, makes a visit to their home country, then returns within a short period of time, their AOS application is no longer 'pending'? Is it on hold or something until the applicant returns?

I guess what I'm asking is what are the practical implications on their application if they leave and return? Does 'paroled' have a negative connotation during the approval process?

I think you're getting two things confused here. In your immigration journey, there are two entities, you as a person and your legal status within the US, and your application for an immigration benefit.

Once you file for AoS with I-485, your status becomes "Pending Decision of the US Attorney General" and your AoS case status is pending.

Should you leave the country and return using an AP document, your personal status changes from "Pending Decision of the US Attorney General" to "Parole Status". Your application however remains "pending" because the USCIS still has not made a decision on the case.

The implications of you as a person being in "Parole Status" depends on what your status was before you left. Not everyone was in the status of "Pending Decision of the US Attorney General". Some where here with other visas and have since filed their application for AoS.

As far as I am aware, and keep in mind I am not a lawyer or an immigration expert, for those who entered on a K1 visa, submitted an application for AoS and then returned into the country using AP and subsiquently became "Parole Status" individuals, there is no real risk of any implications occuring. Your status as a "Paroled" individual allows USCIS and the US Government to take certain actions they would not be able to if your status was something other than "Paroled" but I don't know exactly what they are.

The very fact that I haven't read about anyone having problems using AP and being in the US in a "Paroled" status makes me think that its not really an issue you need to worry over, just something to be mindful of. Using AP is not risk free, but the risks do seem small.

Being in a status of "Paroled" does not have any impact on the USCIS decision to approve or deny your AoS application, as far as I am aware.