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Advanced parole warning!!!!!

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My fiancee entered the United States in Sept 2008 on a J-1 exchange visa as an Au Pair. After a few months of working on the program she started having major problems with the host family she was working for and requested that agency find a new one for her. The agency accepted the request near the end March and gave her four weeks to match with a new host family to remain in the program or she would have to leave the country in mid May. The weeks slowly went by and we got married in April like originally planned and applied for the Adjustment of Status that is currently processing.

The major question that we have is that we applied for an Advanced Parole (it just got approved 3 days ago ^,^) so she can go visit her family and we want to make sure that she will be able to reenter the United States if she leaves but the Authorization from states:

Travel Warning Regarding Unlawful Presence. If you have been unlawfully present in the United States, you may want to ask an immigration attorney or a representative at an immigrant assistance organization accredited by the Board of Immigration Appeals whether leaving the United States would make you inadmissible and therefore ineligible for adjustment of status. Under section 212(a)(9)(B)(i) of the Act, aliens who depart the United States after being unlawfully present in the United States for certain periods may become subject to new or additional grounds of inadmissibility because of their travel abroad. If you were unlawfully present in the United States for more than 180 days after April 1, 1997, you may be found inadmissible when you return to the United States. If you were unlawfully present in the United states for more than 180 days but less than one year after April 1, 1997 and then departed voluntarily before the start of removal proceedings, you are inadmissible for three years. If you were unlawfully present for one year or more after April 1, 1997 and then departed, you are inadmissible for ten years. Obtaining advance authorization for parole will not relieve you of inadmissibility under 212 (a)(9)(B)(i).

My wife visa states that is still valid to Sept of 2009 but I am under the impression her J-1 visa is no longer valid because she is no longer in the program.

The major issues here are: (1) We would love to get a clear verification of her visa status and would like to know if there is anyone we can call or a website we can search to check the status of her visa. (2) We would also like to know if you guys think she would be fine to leave the country in Aug for three weeks and return without problems?


event.png
Married 04/24/2009
I-130 Filed: 02/20/2013
NOA 1: 02/27/2013
• I-129F Filed 03/04/2013
• 07/18/2013 Emailed Congressman - First Service Request With USCIS
INFOPASS Appointment 08/06/2013 (Confirmed Case is at MSC as of 04/10/2013 after being sent back to MSC from Local Office: no explanation given)
• 08/12/2013-08/30/2013: Congressional Inquiry and Service Request response received (Standard responses on both).
• NOA 2: ?
NVC Received Case: ?
• NVC Assigned Case ?

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If you filed for AOS (and it's already pending) and the advance parole was issued, she can go home without any problem. She can't be outside the US for more than 90 days while her status is pending, so 3 weeks is just fine. Advance parole is made exactly for people that are adjusting from other statuses to a resident, so that they can travel abroad during the process!Good luck!


2-year green card application:

07/29/2009- Mailed I-130, I-485, I-693, I-864, I-864A, G-325A, I-765 via USPS.

08/02/2009- Package delivered to Chicago.

08/06/2009- Checks cashed.

08/10/2009- Received NOA's for I-485, I-130, I-765 (issued August 6th).

08/19/2009- Recieved Biometrics Appointment notice (bio apt 9/12 at 9am).

08/21/2009- Recieved RFE for I-485 (issued August 17th).

08/22/2009- Responded to RFE.

09/01/2009- Case processing resumed (RFE recieved on 8/27/2009).

09/01/2009- Walk-in biometrics at 1:00pm, in and out in 15mins.

09/09/2009- Recieved e-mail: EAD card production ordered on 09/08/2009.

09/14/2009- Recieved another e-mail: EAD card production ordered (AGAIN!) on 09/11/2009.

09/16/2009- EAD recieved in the mail.

09/21/2009- Applied for a SSN.

09/30/2009- Recieved SSC.

10/14/2009- Received interview notice (Interview on 11/16 at 9:35am)

11/16/2009- Interview,APPROVED and CARD production ordered e-mail!Yay!

11/19/2009- Welcome Notice Recieved and Card production ordered e-mail again!

11/27/2009- Received green card in the mail!

Removal of Conditions:

09/09/2011- Sent the package via Priority mail, with delivery confirmation.

09/12/2011- Package delivered.

09/13/2011- Check cashed.

09/14/2011- NOA issued and received on 09/17/2011.

09/15/2011- Biometrics appointment issued for 10/05

11/21/2011- Card production ordered.

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I think you need to tread carefully here. It's important to remember that just because you are granted AP when you apply for it, that doesn't mean they HAVE to let you back into the US. It's my understanding that pretty much anyone who applies for AP gets it, whether they are actually eligible to use it or not. I'm sure you will get better answers than this, I just want you to know that just because you have an AP document doesn't guarantee reentry into the US.

Search the forums, you'll get a lot of info.

USCIS Link

My personal opinion is that unless it's a real emergency, you're better off waiting the few more months for the GC. You'll have plenty of time for travel then, without worrying. :)

Edited by trillium13

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I think you need to tread carefully here. It's important to remember that just because you are granted AP when you apply for it, that doesn't mean they HAVE to let you back into the US. It's my understanding that pretty much anyone who applies for AP gets it, whether they are actually eligible to use it or not. I'm sure you will get better answers than this, I just want you to know that just because you have an AP document doesn't guarantee reentry into the US.

Search the forums, you'll get a lot of info.

USCIS Link

My personal opinion is that unless it's a real emergency, you're better off waiting the few more months for the GC. You'll have plenty of time for travel then, without worrying. :)

I agree. AP does not guarantee reentry to the U.S. Even those who overstayed gets AP.


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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I know processing times are long but anyone have an estimate on how long it takes for the process to get complete? Even a general estimate of your own personal time would help. We checked the website for information but it was not much help; however, it did tell us we were approved for both the Advanced parole and Application for Employment - but it didn't offer much info on the other applications


event.png
Married 04/24/2009
I-130 Filed: 02/20/2013
NOA 1: 02/27/2013
• I-129F Filed 03/04/2013
• 07/18/2013 Emailed Congressman - First Service Request With USCIS
INFOPASS Appointment 08/06/2013 (Confirmed Case is at MSC as of 04/10/2013 after being sent back to MSC from Local Office: no explanation given)
• 08/12/2013-08/30/2013: Congressional Inquiry and Service Request response received (Standard responses on both).
• NOA 2: ?
NVC Received Case: ?
• NVC Assigned Case ?

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I know processing times are long but anyone have an estimate on how long it takes for the process to get complete? Even a general estimate of your own personal time would help. We checked the website for information but it was not much help; however, it did tell us we were approved for both the Advanced parole and Application for Employment - but it didn't offer much info on the other applications

In my case, after getting my AP and EAD i received my green card in less than 2 months. Look at my timeline below.


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Prima facie it looks like a clear cut case: visa still valid; IO at POE can't possibly know she left the program, AOS filed with USICS, advance parole issued. Yet, the IO could ask questions or could have a bad day. I would err on the side of caution and wait.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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I agree with the earlier posts advising you to wait it out. Believe me, the Homeland Security system is not seamless, and it appears the AP was granted before the prior visa was a problem. If there is any confusion at POE, I think the default is to deny reentry. Hate to see you come down on the wrong side of that. Do a search on VJ using AP or A/P, or maybe overstay. Lots of stuff written on the subject.

Edited by Brad and Vika

3dflags_ukr0001-0001a.gif3dflags_usa0001-0001a.gif

Travelers - not tourists

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Here is a link to a fairly recent thread i posted on. I had nothing helpful, but some of the others did.

AP Link

Maybe some of the other posters there can help.

Good Luck!


3dflags_ukr0001-0001a.gif3dflags_usa0001-0001a.gif

Travelers - not tourists

Friday.gif

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If she came into the country legally - and you married/filed for AOS before her authorized stay expired, you should have no issues using the AP.

Overstay of 180+ is where you would start to see issues.

BTW - did she have any restrictions, like having to go home for the 2 year Foreign Residence Requirement?

If so, you might need a waiver, and I wouldn't leave on the AP even if granted.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Was her original I-94 issued with a specific expiration date? Or was it a "Duration of Status" (sometimes written D/S)?

The reason that's important is because an individual who has been admitted for Duration of Status doesn't start accumulating the 180 days of illegal presence under 212(a)(9)(B)(i) until they are actually told they are out of status by an immigration judge or USCIS official. See, for example, http://www.shusterman.com/ds.html

An alien admitted for duration of status (such as a student or exchange visitor) will only begin to accrue unlawful presence if either:

- an immigration judge (IJ) finds the alien has violated status and is excludable/deportable/removable, or

- the INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change of status), determines that a status violation has occurred.

On the other hand, I can't object in the least to the suggestions that it's better to avoid the issue completely if possible.

Note that, if someone has accumulated sufficient out of status time to trigger a 9B bar, then it's not enough to get advance parole and then get through the port of entry. Even if the POE officer lets you through (which he shouldn't), the interviewing officer may discover the problem at the adjustment of status interview, and deny the adjustment of status at that time, resulting in the alien being deportable.

The consequences of getting this one wrong can be so severe that it's wise to take a very conservative approach. I think that, if she's got a "Duration of Status" I-94, she's probably safe, but I'm not an attorney and I'm not the one who would suffer the consequences, so don't trust my opinion.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Doesn't this go for just about any visa, or document that allows someone in the United States? This is a problem. If you are authorized to come back, it should be guaranteed, and it shouldn't be at the mercy of some idiot at the checkpoint. This goes for any visa holder, or visa waive out there too. You can spend 1000s of dollars, possibly even your life savings, or what you make in a year to come to the United States, LEGALLY, and be turned away for no reason. Just wrong, sorry for the gripe, but this is a sour subject for me!

Edited by Terry D

Timeline:

03/03/2009 - Arrival in the US!

05/03/2009 - Married!

05/28/2009 - Filed I-130, I-485, I-765!

06/04/2009 - Checks cleared!

06/08/2009 - I-765/I-130 NOA Received!

06/10/2009 - I-485 NOA Received!

06/11/2009 - Biometrics appointment letter, scheduled 06/23/2009

06/17/2009 - I-765/I-130 Touched!

06/19/2009 - Attempted early biometrics... they said nope!

06/23/2009 - Biometrics completed.

07/07/2009 - EAD card production ordered.

07/13/2009 - EAD card production ordered, again.

07/14/2009 - I-765 - Approval notice sent.

07/15/2009 - EAD card received!

07/20/2009 - SS Card applied for.

08/05/2009 - Received Interview letter - Scheduled 9/14!

09/14/2009 - Rescheduled because we moved to Dallas

10/14/2009 - Interview - approved!

10/23/2009 - GC Received.

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Doesn't this go for just about any visa, or document that allows someone in the United States? This is a problem. If you are authorized to come back, it should be guaranteed, and it shouldn't be at the mercy of some idiot at the checkpoint. This goes for any visa holder, or visa waive out there too. You can spend 1000s of dollars, possibly even your life savings, or what you make in a year to come to the United States, LEGALLY, and be turned away for no reason. Just wrong, sorry for the gripe, but this is a sour subject for me!

Different entities, different processes, different rules. I, for one, can live with the fact that the CBP officers have the ability to scrutinize the people attempting to gain access to the country. It's a kind of checks-and-balances situation between offices.

Oh, and it might interest you to know that there are officers who are members on this board, and they may just take offense to you calling them idiots. Just sayin.


iagree.gif

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Oh, and it might interest you to know that there are officers who are members on this board, and they may just take offense to you calling them idiots. Just sayin.

Not all of them are, but whoever takes his bad day out on anyone at that checkpoint, certainly is. (that was mostly my gripe talking) I hear too often on this board, and others that people are at the mercy of these agents. It shouldn't be that way. A person should not have to worry about being turned away at our borders if they have permission to be here, such as an AP, visa, or Visa Waiver. Does a person have the right to appeal the decision of a gate agent? I'm not sure, I'd be interested in knowing that.

Just to give you an idea, when I came back into the country last March, while I was standing in line, I was watching one of these supervisors running around at the Atlanta airport. I was amazed at how he spoke to people. He basically treated them all like they were doing something wrong and had something to hide. He was an embarrassment to the country. Most people are good, and should be treated as such.


Timeline:

03/03/2009 - Arrival in the US!

05/03/2009 - Married!

05/28/2009 - Filed I-130, I-485, I-765!

06/04/2009 - Checks cleared!

06/08/2009 - I-765/I-130 NOA Received!

06/10/2009 - I-485 NOA Received!

06/11/2009 - Biometrics appointment letter, scheduled 06/23/2009

06/17/2009 - I-765/I-130 Touched!

06/19/2009 - Attempted early biometrics... they said nope!

06/23/2009 - Biometrics completed.

07/07/2009 - EAD card production ordered.

07/13/2009 - EAD card production ordered, again.

07/14/2009 - I-765 - Approval notice sent.

07/15/2009 - EAD card received!

07/20/2009 - SS Card applied for.

08/05/2009 - Received Interview letter - Scheduled 9/14!

09/14/2009 - Rescheduled because we moved to Dallas

10/14/2009 - Interview - approved!

10/23/2009 - GC Received.

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