I have to travel to my home country for several days and Im planning to return the USA using my Advance Parole. If for whatever reason the officer at the port of entry doesnt let me enter the country....
Does it mean that I won´t be able to return the USA anymore or I have the chance to return my country of origin and try it again?
Thanks
Full Version: Entry denied at the POE
VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card
I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?
Why do you think you will be denied?????
Kezzie
Kezzie
QUOTE(kaydee457 @ May 6 2006, 01:22 PM) 
I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?
AP isn't a guarantee of re-admission. Denial is unlikely, but possible.
QUOTE(kaydee457 @ May 6 2006, 12:22 PM)
I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?
Becouse I ll be abroad for a long time( almost 3 months). Could it be a reason for a denial?
Being out of the country for 3 months on AP is not a good Idea.... 3 months would not be classed as a normal vacation period.... what will you do if you are called for your interview durring that time???
I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....
Kezzie
I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....
Kezzie
I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.
QUOTE(Fischkoepfin @ May 6 2006, 12:33 PM)
I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.
Thanks for the answers. Ive already had my interview and my AOS is pending due the Name Check.
Is it a rule that being out of the country more than 2 months is abandoned of the application?
QUOTE
Being out of the country for 3 months on AP is not a good Idea.... 3 months would not be classed as a normal vacation period.... what will you do if you are called for your interview durring that time???
I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....
Kezzie
I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....
Kezzie
QUOTE
I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.
The OP knows all of this, which is why he asks what he does.
But my question to the OP is: where is your USC spouse in all of this? Is he/she ok with the idea of being apart for 2-3 months or longer and even perhaps forever, if you are not allowed re-entry to the US?
when I had my AOS interview , the officer took my AP & Ead forms. He said they were no longer valid. He told me I couldn't travel until my Greencard came in the mail.
I would book an info pass appt asap and ask them about your AP.
I would book an info pass appt asap and ask them about your AP.
QUOTE(Fischkoepfin @ May 6 2006, 10:33 AM)
I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.
Fischko, I know you read different stuff from me, so I was wondering if you had a source for this? (or Kezzie--)
It made me quite curious and all the info I came up with indicates that there is no time limit for being outside the US on Advance Parole *other than* returning to the US by the expiration date of the AP itself.
More official-like:
http://www.murthy.com/news/UDretbef.html
QUOTE
From time to time, we receive questions asking when it is necessary to return if one is traveling on AP. The AP document, Form I-512, contains a clearly stated expiration date. The Form bears the statement, "presentation of the original of this document prior to (date) will authorize an immigration officer at the port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States." This date is generally one year from the date the AP was initially approved. The return to the U.S. must occur before the stated date. Travel plans should be made to allow for potential problems such as flight cancellations, illnesses and the like.
http://www.murthy.com/rumor.html
QUOTE
Chat User : If someone uses advance parole (AP) during the I-485 stage INS may respond with an RFE or transfer the case to a local INS office. INS does not like people at this stage to use AP. Posted February 25, 2003
Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.
Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.
Less official-like:
http://www.immigrationportal.com/archive/i...p/t-205418.html
QUOTE
it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.
http://www.russianmeetingplace.com/forums/...read.php?t=1801
QUOTE
There is a paragraph that states... Presentation of the original of this document prior to {1/10/2007} will authorize an immigration officer at a port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States: As an Alien paroled pursuant to section 212(d)(5) of the Immigration and Nationality Act.
AUTHORIZATION: The holder of this authorization is an applicant for adjustment of status under the Immigration and Nationality Act. The holder departed the United States temporarily and intends to return to the United States to resume processing of the adjustment of status application. Contingent upon his or her prima facie eligibility, the holder of this document shall be paroled into the United States pursuant to the authority of the Director, National Benefits Center (formerly known as the Missouri Service Center). VALID FOR MULTIPLE APPLICATIONS FOR PAROLE INTO THE UNITED STATES. Parole is authorized for one year.
I spoke with a Customer Service Rep and asked him how long my wife can be out of the country on Advanced Parole and he said that there were no restriction unless it states on the document.
AUTHORIZATION: The holder of this authorization is an applicant for adjustment of status under the Immigration and Nationality Act. The holder departed the United States temporarily and intends to return to the United States to resume processing of the adjustment of status application. Contingent upon his or her prima facie eligibility, the holder of this document shall be paroled into the United States pursuant to the authority of the Director, National Benefits Center (formerly known as the Missouri Service Center). VALID FOR MULTIPLE APPLICATIONS FOR PAROLE INTO THE UNITED STATES. Parole is authorized for one year.
I spoke with a Customer Service Rep and asked him how long my wife can be out of the country on Advanced Parole and he said that there were no restriction unless it states on the document.
me: I can see a loophole against the parolee in that 'prima facie' phrase, but I have still never heard of a timelimit for AP holders to have to return to the US.
It would be good to have some more factual information about this topic--I've seen it come up a couple of times lately, which is why I looked. If anyone has any info on this, please jump in!
QUOTE(meauxna @ May 6 2006, 08:36 PM)
QUOTE(Fischkoepfin @ May 6 2006, 10:33 AM)
I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.
Fischko, I know you read different stuff from me, so I was wondering if you had a source for this? (or Kezzie--)
It made me quite curious and all the info I came up with indicates that there is no time limit for being outside the US on Advance Parole *other than* returning to the US by the expiration date of the AP itself.
More official-like:
http://www.murthy.com/news/UDretbef.html
QUOTE
From time to time, we receive questions asking when it is necessary to return if one is traveling on AP. The AP document, Form I-512, contains a clearly stated expiration date. The Form bears the statement, "presentation of the original of this document prior to (date) will authorize an immigration officer at the port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States." This date is generally one year from the date the AP was initially approved. The return to the U.S. must occur before the stated date. Travel plans should be made to allow for potential problems such as flight cancellations, illnesses and the like.
http://www.murthy.com/rumor.html
QUOTE
Chat User : If someone uses advance parole (AP) during the I-485 stage INS may respond with an RFE or transfer the case to a local INS office. INS does not like people at this stage to use AP. Posted February 25, 2003
Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.
Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.
Less official-like:
http://www.immigrationportal.com/archive/i...p/t-205418.html
QUOTE
it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.
http://www.russianmeetingplace.com/forums/...read.php?t=1801
QUOTE
There is a paragraph that states... Presentation of the original of this document prior to {1/10/2007} will authorize an immigration officer at a port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States: As an Alien paroled pursuant to section 212(d)(5) of the Immigration and Nationality Act.
AUTHORIZATION: The holder of this authorization is an applicant for adjustment of status under the Immigration and Nationality Act. The holder departed the United States temporarily and intends to return to the United States to resume processing of the adjustment of status application. Contingent upon his or her prima facie eligibility, the holder of this document shall be paroled into the United States pursuant to the authority of the Director, National Benefits Center (formerly known as the Missouri Service Center). VALID FOR MULTIPLE APPLICATIONS FOR PAROLE INTO THE UNITED STATES. Parole is authorized for one year.
I spoke with a Customer Service Rep and asked him how long my wife can be out of the country on Advanced Parole and he said that there were no restriction unless it states on the document.
AUTHORIZATION: The holder of this authorization is an applicant for adjustment of status under the Immigration and Nationality Act. The holder departed the United States temporarily and intends to return to the United States to resume processing of the adjustment of status application. Contingent upon his or her prima facie eligibility, the holder of this document shall be paroled into the United States pursuant to the authority of the Director, National Benefits Center (formerly known as the Missouri Service Center). VALID FOR MULTIPLE APPLICATIONS FOR PAROLE INTO THE UNITED STATES. Parole is authorized for one year.
I spoke with a Customer Service Rep and asked him how long my wife can be out of the country on Advanced Parole and he said that there were no restriction unless it states on the document.
me: I can see a loophole against the parolee in that 'prima facie' phrase, but I have still never heard of a timelimit for AP holders to have to return to the US.
It would be good to have some more factual information about this topic--I've seen it come up a couple of times lately, which is why I looked. If anyone has any info on this, please jump in!
Thanks for answer me.
Anyway, many people in this forum still thinks that one could be denied at the POE becouse the extension of the trip abroad....wich lead me to the question I asked at the begining of this Topic:
If you entry is denied for whatever reason, can you take another flight few days later and try it again or its a permanent ban?
Many thanks.
Personally I'd say that since the VWP allows you to visit various places for up to 90 days, that must be a 'normal vacation time'. I wouldn't worry about it! I just wouldn't try to stay away for longer than that. You have the AP to show them when you come back...
QUOTE(k1_visa @ May 8 2006, 08:18 AM)
Thanks for answer me.
Anyway, many people in this forum still thinks that one could be denied at the POE becouse the extension of the trip abroad....wich lead me to the question I asked at the begining of this Topic:
If you entry is denied for whatever reason, can you take another flight few days later and try it again or its a permanent ban?
Many thanks.
I think it's fairly clear that none of us *knows* with any certainty. The only "sure"{ answer you can get is from an immigration attorney (many will let you ask one question like this for a nominal fee).
If your entry is denied for (whatever) reason, whether or not you can be admitted later depends on what the reason was for the denial in the first place.
There is no way to answer the question you ask.
Actually, AP does not allow admission. It allows just what it's name says - parole. There's a difference.
Yodrak
I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?
AP isn't a guarantee of re-admission. Denial is unlikely, but possible.
Kezzie,
Yet, my wife and stepson were out of the USA for just about 3 months during the summer school break and were parolled back into the USA without question regarding the length of their vacation either at the POE or their adjustment interview.
Why do you think that they should or would have been quizzed?
Yodrak
Being out of the country for 3 months on AP is not a good Idea.... 3 months would not be classed as a normal vacation period.... what will you do if you are called for your interview durring that time???
I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....
Kezzie
Yodrak
QUOTE(antone @ May 6 2006, 01:27 PM)
QUOTE(kaydee457 @ May 6 2006, 01:22 PM)
I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?
AP isn't a guarantee of re-admission. Denial is unlikely, but possible.
Kezzie,
Yet, my wife and stepson were out of the USA for just about 3 months during the summer school break and were parolled back into the USA without question regarding the length of their vacation either at the POE or their adjustment interview.
Why do you think that they should or would have been quizzed?
Yodrak
QUOTE(Kezzie @ May 6 2006, 01:32 PM)
Being out of the country for 3 months on AP is not a good Idea.... 3 months would not be classed as a normal vacation period.... what will you do if you are called for your interview durring that time???
I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....
Kezzie
I was asked at my interview if I had out of the country for any longer than a normal vacation, I asked what she would class as a normal vacation and was told 6 weeks....
Sorry if I have confused anyone...
Kezzie
Sorry if I have confused anyone...
Kezzie
QUOTE(Yodrak @ May 8 2006, 06:34 PM)
Actually, AP does not allow admission. It allows just what it's name says - parole. There's a difference.
Yodrak
What is the difference? Sorry to be daft, but can you explain in more detail?
thanks
ivona,
A person who has been admitted is in the USA both physically and legally.
A person who has been parolled is in the USA physically but legally they are still back at the POE waiting to be admitted. Not being in the USA as a legal entity they are not entitled to all of the same 'due processes' as a person who is in the USA, and are more vulnerable to being repatriated should some problem arise (much as a parolled criminal is much easier to send back to jail than the average person).
If you want more detail than that, have a consultation with an immigration attorney.
Yodrak
Actually, AP does not allow admission. It allows just what it's name says - parole. There's a difference.
Yodrak
What is the difference? Sorry to be daft, but can you explain in more detail?
thanks
Kezzie,
Well, personal experience is a good answer to the question I asked you.
I find the 6 weeks for a normal vacation to be interesting. For a person who has a job (except perhaps for a teacher during the summer), relatively few people get more than 2 or 3 weeks for a vacation. For a person who's not working, what makes 6 weeks more normal than anything else, I wonder?
Yodrak
I was asked at my interview if I had out of the country for any longer than a normal vacation, I asked what she would class as a normal vacation and was told 6 weeks....
Sorry if I have confused anyone...
Kezzie
A person who has been admitted is in the USA both physically and legally.
A person who has been parolled is in the USA physically but legally they are still back at the POE waiting to be admitted. Not being in the USA as a legal entity they are not entitled to all of the same 'due processes' as a person who is in the USA, and are more vulnerable to being repatriated should some problem arise (much as a parolled criminal is much easier to send back to jail than the average person).
If you want more detail than that, have a consultation with an immigration attorney.
Yodrak
QUOTE(ivona @ May 8 2006, 12:47 PM)
QUOTE(Yodrak @ May 8 2006, 06:34 PM)
Actually, AP does not allow admission. It allows just what it's name says - parole. There's a difference.
Yodrak
What is the difference? Sorry to be daft, but can you explain in more detail?
thanks
Kezzie,
Well, personal experience is a good answer to the question I asked you.
I find the 6 weeks for a normal vacation to be interesting. For a person who has a job (except perhaps for a teacher during the summer), relatively few people get more than 2 or 3 weeks for a vacation. For a person who's not working, what makes 6 weeks more normal than anything else, I wonder?
Yodrak
QUOTE(Kezzie @ May 8 2006, 12:44 PM)
I was asked at my interview if I had out of the country for any longer than a normal vacation, I asked what she would class as a normal vacation and was told 6 weeks....
Sorry if I have confused anyone...
Kezzie
I would KILL to have 6 weeks worth of vacation a year!!
QUOTE(Yodrak @ May 8 2006, 07:00 PM)
ivona,
A person who has been admitted is in the USA both physically and legally.
A person who has been parolled is in the USA physically but legally they are still back at the POE waiting to be admitted. Not being in the USA as a legal entity they are not entitled to all of the same 'due processes' as a person who is in the USA, and are more vulnerable to being repatriated should some problem arise (much as a parolled criminal is much easier to send back to jail than the average person).
If you want more detail than that, have a consultation with an immigration attorney.
Yodrak
cheers
I was just curious as to the actual difference- the legal bit that you explained....
thanks again
QUOTE(meauxna @ May 6 2006, 09:36 PM)
QUOTE(Fischkoepfin @ May 6 2006, 10:33 AM)
I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.
Fischko, I know you read different stuff from me, so I was wondering if you had a source for this? (or Kezzie--)
It made me quite curious and all the info I came up with indicates that there is no time limit for being outside the US on Advance Parole *other than* returning to the US by the expiration date of the AP itself.
Meauxna, I found this information last year when I was considering advance parole for myself. I can't remember where I saw this, but it was on some immigration law site. I'll see if I can find it again.
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