Jump to content
Raeesa

THIS SHOULD REASSURE ANYONE WORRIED ABOUT TRAVELING WITH AP

 Share

5 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

After doing a TON of research and worrying about traveling with AP after overstaying etc. There seems to be a HUGE misconception on this forum (understandably with USCIS' use of intimidating language) I discovered this on NYDAILYNEWS:

The Board of Immigration Appeals, the agency that reviews USCIS and immigration judge decisions, has ruled that travel with advanced parole does not trigger the dreaded “unlawful presence” bars to permanent residence. Those bars apply to a person who leaves the U.S. after having been here unlawfully more than 180 days. The unlawful presence bars do not apply to overstayed individuals who travel abroad with advanced parole. That makes sense. If USCIS gives you travel permission, the agency shouldn’t then be able to penalize you for your travel. Individuals with outstanding deportation orders should consult an immigration law expert before traveling with advanced parole.

Source:

http://www.nydailynews.com/new-york/citizenship-now/travel-advanced-parole-safe-permanent-residence-applicant-article-1.1743469

To my understanding, this means even if you overstayed more than 180 days or 10 years, IF you are in the process of I-485 and using Advance Parole, the 3/10 year ban does NOT apply to you. I have confirmed this through DHS website directly as well.

The Board of Immigration Appeals held that travel on advance parole was not a "departure" within the meaning of the statute and hence did not trigger the ground of inadmissibility that bars admission after the accrual of unlawful presence .

Source:

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

Of course that is still not a guarantee of reentry, nothing but a citizenship is, but it makes travel a little less scary. I hope this helps some of you! It has eased my mind quite a bit and thought I should share. :)

Edited by Raeesa
Link to comment
Share on other sites

It is known, Khaleesi.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites

  • 3 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline

Im going to philipines next month using AP. I came here k1 visa then after we married we didn't file my aos right away we filed it almost 2 years thats why im so worried to come back here using AP (combo card)..

Link to comment
Share on other sites

  • 2 weeks later...

No one can assure you that you will be let back in regardless of the article you posted. It is solely up to the customs officer if they allow you back in or not. So its a risk either way.

When I traveled on AP, they barely knew how to handle the new combo card (2 months ago) and I have no idea how well their "communication" between offices is now and if they are even aware of the decisions of the higher ups. Good luck though and I hope everything works out for you.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

No one can assure you that you will be let back in regardless of the article you posted. It is solely up to the customs officer if they allow you back in or not. So its a risk either way.

When I traveled on AP, they barely knew how to handle the new combo card (2 months ago) and I have no idea how well their "communication" between offices is now and if they are even aware of the decisions of the higher ups. Good luck though and I hope everything works out for you.

No it is not a guarantee, as I stated at the bottom of my post. But neither is a green card a guarantee for entry, it is ultimately always up to the customs officer. However they would need a reason to turn you away as well.

The article was posted to simply show an actual fact (not speculation) that the ban does not apply to those adjusting status because I've read hundreds of posts where people were falsely saying otherwise scaring those wanting to travel.

Thanks!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...