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Raeesa

THIS SHOULD REASSURE ANYONE WORRIED ABOUT TRAVELING WITH AP

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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

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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

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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.


My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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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!

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