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AWA Petition, Advance Parole question

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Hello everybody,

I just wanna know about the use of Advance parole. I got my Advance Parole last feb 2009 and it is valid till feb 2010. My AOS is still pending and I don't know when will be the result of it as my husband is an AWA petitioner. My question is, what do immigration people do in the port of departure and port of entry when you just have an advance parole? Is there any possibility that someone may be barred from entering the US even with Advance Parole? Me and my husband and my husband's family are planning to go to my home country to visit for the holidays but i am just scared that I may not be able to enter the US. Any opinions or suggestions will highly appreaciated.

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Hello everybody,

I just wanna know about the use of Advance parole. I got my Advance Parole last feb 2009 and it is valid till feb 2010. My AOS is still pending and I don't know when will be the result of it as my husband is an AWA petitioner. My question is, what do immigration people do in the port of departure and port of entry when you just have an advance parole? Is there any possibility that someone may be barred from entering the US even with Advance Parole? Me and my husband and my husband's family are planning to go to my home country to visit for the holidays but i am just scared that I may not be able to enter the US. Any opinions or suggestions will highly appreaciated.

you;re ok to travel w/that since it's still valid and it's excatly what you need since you don't have your gc yet. what happens is when you come back, you show that at airline check-in counter, instead of your visa, and then at the poe, they will check if you really have a pending aos, that's all. :)


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

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07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

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10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

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Matthew at 1yr

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you;re ok to travel w/that since it's still valid and it's excatly what you need since you don't have your gc yet. what happens is when you come back, you show that at airline check-in counter, instead of your visa, and then at the poe, they will check if you really have a pending aos, that's all. :)

Hi Zen,

Thank you for the information. Your AOS was approved while you are in the Philippines or here in the US? If it was approved when you are already here in the US, it means, you only use your AP and passport at the port of entry, right? I am a little bit scared too because, I was in an F1 visa before I got married but I didn't went to school for some reason but in my AOS application status, I put F1 because my F1 has D/S (duration of status), no specific expiration and I think, it is fine because I received my EAD and AP without any question.. Any idea?

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Hello everybody,

I just wanna know about the use of Advance parole. I got my Advance Parole last feb 2009 and it is valid till feb 2010. My AOS is still pending and I don't know when will be the result of it as my husband is an AWA petitioner. My question is, what do immigration people do in the port of departure and port of entry when you just have an advance parole? Is there any possibility that someone may be barred from entering the US even with Advance Parole? Me and my husband and my husband's family are planning to go to my home country to visit for the holidays but i am just scared that I may not be able to enter the US. Any opinions or suggestions will highly appreaciated.

Definitely make an Infopass - your AP says it's good through Feb 2010 and it's now end of April 2010. Since your AOS is still pending, you should be entitled to free renewals of EAD and AP (at least that was the reasoning they gave to public when they enacted fee increase in July 2007).

You also may have a problem if you were on F1 visa but didn't go to school before you AOSed. Reason being that schools regularly alert USCIS of any students who are not compliant with SEVIS rules (school attendance). If you were reported, your out-of-status days started accruing until you sent in AOS. Since AOS is still pending, you really don't have a real status just yet and may be turned back at POE.

Have you involved a congressman to help you with the case?


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Definitely make an Infopass - your AP says it's good through Feb 2010 and it's now end of April 2010. Since your AOS is still pending, you should be entitled to free renewals of EAD and AP (at least that was the reasoning they gave to public when they enacted fee increase in July 2007).

You also may have a problem if you were on F1 visa but didn't go to school before you AOSed. Reason being that schools regularly alert USCIS of any students who are not compliant with SEVIS rules (school attendance). If you were reported, your out-of-status days started accruing until you sent in AOS. Since AOS is still pending, you really don't have a real status just yet and may be turned back at POE.

Have you involved a congressman to help you with the case?

Hi,

Thank you for the information. Definitely, I will do infopass appointment. What do you think if the school I enrolled in before (for F1) didn't report me, will the immigration person in the infopass will change my status to out-of-status before I applied for AOS? Another thing, i am really curious, what can a congressman do? I read some of involvement of congressman but to what extent? thanks

Hi,

Thank you for the information. Definitely, I will do infopass appointment. What do you think if the school I enrolled in before (for F1) didn't report me, will the immigration person in the infopass will change my status to out-of-status before I applied for AOS? Another thing, i am really curious, what can a congressman do? I read some of involvement of congressman but to what extent? thanks

I am sorry, my AP is from feb 2010 to Feb 2011.

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Hi,

Thank you for the information. Definitely, I will do infopass appointment. What do you think if the school I enrolled in before (for F1) didn't report me, will the immigration person in the infopass will change my status to out-of-status before I applied for AOS? Another thing, i am really curious, what can a congressman do? I read some of involvement of congressman but to what extent? thanks

I am sorry, my AP is from feb 2010 to Feb 2011.

You involve a congressman if the case is past the regular adjudication time - I don't know what that time is for AOS - 6 months? If nothing happens with your AOS you contact your congressman to look into the case for you.

Check with school to see if you were reported or not. Any absence longer than couple of weeks is reported. This may affect your case if AOS is still not adjudicated and you're using AP after a long out-of-status period. Definitely check this all with infopass.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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You involve a congressman if the case is past the regular adjudication time - I don't know what that time is for AOS - 6 months? If nothing happens with your AOS you contact your congressman to look into the case for you.

Check with school to see if you were reported or not. Any absence longer than couple of weeks is reported. This may affect your case if AOS is still not adjudicated and you're using AP after a long out-of-status period. Definitely check this all with infopass.

Ok. I will.. I am sure that in the infopass, I would know if I was reported or not. I am just hoping that we will talk a good guy in infopass that can give us a clear answers on our questions. Thank you so much.

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You involve a congressman if the case is past the regular adjudication time - I don't know what that time is for AOS - 6 months? If nothing happens with your AOS you contact your congressman to look into the case for you.

Check with school to see if you were reported or not. Any absence longer than couple of weeks is reported. This may affect your case if AOS is still not adjudicated and you're using AP after a long out-of-status period. Definitely check this all with infopass.

I went for an infopass appointment today and the guy there said that I am fine to travel. He just took my advance parole, check it online and he said, i'm good to travel coz in POE, what they usually do is just look on their system if I really have a pending case. He also said that if i am not allowed to travel, USCIS won't approved my AP.. What do you think? ANy ideas?

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I went for an infopass appointment today and the guy there said that I am fine to travel. He just took my advance parole, check it online and he said, i'm good to travel coz in POE, what they usually do is just look on their system if I really have a pending case. He also said that if i am not allowed to travel, USCIS won't approved my AP.. What do you think? ANy ideas?

People here reported being able to get AP with a 3-yr overstay and being told by USCIS that it's fine to use it. Guess what happens when they do try to use it? Immediate ban triggered by overstay. You can have an active case but the overstay is not forgiven until you have successfully adjusted status to the LPR.

Weigh your choices well as if you have overstayed there is a big chance of being returned at the POE.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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People here reported being able to get AP with a 3-yr overstay and being told by USCIS that it's fine to use it. Guess what happens when they do try to use it? Immediate ban triggered by overstay. You can have an active case but the overstay is not forgiven until you have successfully adjusted status to the LPR.

Weigh your choices well as if you have overstayed there is a big chance of being returned at the POE.

Concur with this.

From what I have read and seen, USCIS will give you the AP, regardless if you have overstay, simply because they do not check for it when they issue it. (read the instructions for the form, it says your responsible for that).

There is no "ban" until you actually leave the US and attempt to re-enter. That is when CBP will pull out the overstay, and issue the ban.

There is a post here where the couple went to INFOPASS and they were told not to go, and USCIS was surprised that it was even issued, however, again, there is no ban till you actually leave and attempt to re-enter.

Now - Since your were a student, with D/S written in on your paperwork, then only an IJ can determine if you have overstay (and you never went before one), and since you went to school, and then did the AOS, you should have no issues with this.

(BTW - overstay that would trigger a ban is 180+ past the date on the I-94. - if you do not have that amount, your good to go. D/S means you good to go, since D/S means Duration of Studies (you were in school, then AOS, correct?))

(Student visas have a different set of "overstay" issues)

So - with the info you have posted - you should have no issues using the AP.


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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Concur with this.

From what I have read and seen, USCIS will give you the AP, regardless if you have overstay, simply because they do not check for it when they issue it. (read the instructions for the form, it says your responsible for that).

There is no "ban" until you actually leave the US and attempt to re-enter. That is when CBP will pull out the overstay, and issue the ban.

There is a post here where the couple went to INFOPASS and they were told not to go, and USCIS was surprised that it was even issued, however, again, there is no ban till you actually leave and attempt to re-enter.

Now - Since your were a student, with D/S written in on your paperwork, then only an IJ can determine if you have overstay (and you never went before one), and since you went to school, and then did the AOS, you should have no issues with this.

(BTW - overstay that would trigger a ban is 180+ past the date on the I-94. - if you do not have that amount, your good to go. D/S means you good to go, since D/S means Duration of Studies (you were in school, then AOS, correct?))

(Student visas have a different set of "overstay" issues)

So - with the info you have posted - you should have no issues using the AP.

From what I read in her posts, she fell out of F1 status before AOSing and I know schools have to report it through SEVIS system. That's why I am cautioning on using the AP in her situation.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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From what I read in her posts, she fell out of F1 status before AOSing and I know schools have to report it through SEVIS system. That's why I am cautioning on using the AP in her situation.

Hmm - how did she "fall out" of status? Did she go before an IJ? Or just stopped going to school?


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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Hmm - how did she "fall out" of status? Did she go before an IJ? Or just stopped going to school?

You lose D/S if you don't come to school for a certain period of time - I want to say 2+ weeks but I don't know that for certain. International student office sends you reminders of this (at least UI did to my sister) advising of this mandatory reporting to SEVIS. SEVIS was put into place after 9/11 and is used to track students on different visas (J1, F1, M1...)

So while your I-94 may say D/S if you haven't gone to school you're out of status.

I don't know how long OP was out of school but it's very likely the school reported it to SEVIS - she really should follow up with them.

Edited to add: looks like OP has been waiting for 3 years now for her AOS. I don't know if she's been maintaining her student status or not but I'd be wary of using AP in this situation.

Edited by milimelo

Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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You lose D/S if you don't come to school for a certain period of time - I want to say 2+ weeks but I don't know that for certain. International student office sends you reminders of this (at least UI did to my sister) advising of this mandatory reporting to SEVIS. SEVIS was put into place after 9/11 and is used to track students on different visas (J1, F1, M1...)

So while your I-94 may say D/S if you haven't gone to school you're out of status.

I don't know how long OP was out of school but it's very likely the school reported it to SEVIS - she really should follow up with them.

Edited to add: looks like OP has been waiting for 3 years now for her AOS. I don't know if she's been maintaining her student status or not but I'd be wary of using AP in this situation.

That is the rub - everything I have read about D/S is that only an IJ can determine if you were out of status, and if you didn't go before one, you are not.

Now granted, if you do not go to school, and get reported, as you mentioned, then the IJ would have a case to determine you violated your status, but until you get that hearing, your not out of status.


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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That is the rub - everything I have read about D/S is that only an IJ can determine if you were out of status, and if you didn't go before one, you are not.

Now granted, if you do not go to school, and get reported, as you mentioned, then the IJ would have a case to determine you violated your status, but until you get that hearing, your not out of status.

Hello,

Sorry for the late reply and thank you for the informations. I am just a little bit confused. Here is my situation: I changed my status from J1 to F1 (D/S) and was approved but I didn't went to school for personal reason. I called the school before I need to start school and the counselor said, it's fine and they will refund my tuition coz i told them the reason why I can't go to school and they understand it. I don't have any idea if they report me or not. S that counted as out of status? or i need to ask the school if they report me or not? A year after that (July 2009), I got married and applied for AOS, got my EAD and AP but not greencard. I am still waiting for my GC.

I talked to one of the VJ member who's wife overstayed here in the US on a J1 visa. Applied for AOS and got her EAD and AP and travelled to Ukraine with just AP. He said that they don't have any problems in the POE, IO just get his wife's passport and AP and gave another I-94 and stamped it with Parolled in the US.

Any opinions? I would really appreciate it. Thank you

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