Any drawbacks using Advance Parole?

[docebzz 2]

Hello guys i am hopefully be getting my EAD/AP in April and use it for travel to my home country using my AP. I entered on a valid B1/B2 visa and am still within my valid 1-94 period.

Some people are giving me horror stories using the AP, is there any truth it ? Any one had a bad experience using it?

Thanks!

Edited February 23, 2012 by docebzz

[sjt 0]

Only thing I know for sure is if you overstayed your visa don't leave even with AP. The horror stories I have heard is when someone overstays and leaves on AP and realize they aren't allowed back in due to the overstay.

[docebzz 2]

Yea that i know but i am well within my time period and have not over stayed!

[Fifth Echelon 6]

I think the only downsides of AP are that some airline employees may not recognize them as valid travel documents on check-in, AP may not be used as a valid transit document in some countries (England comes to mind), and you will most likely need to go through secondary screening at the US border.

[VanessaTony 3,567]

If your AOS is denied while you are out of the country you won't be permitted back in.

[docebzz 2]

ok now this is interesting. What could provoke an AOS being denied while i am out of the country? What are the chances and what usually are the reasons for it being denied before an interview?

[Moomin 292]

Not responding to an RFE, not showing up for the interview, failure to appear for a new biometrics appointment if the first one turned out to not be useful. Or other factors that you're not in charge of.

[Brother Hesekiel 2,235]

When you entered the U.S., you were "admitted." Advance parole will allow you to be "paroled" into the United States again. Should now your AoS petition being denied, because they found out that you lied to them and had killed 10 Americans in Pakistan, the AP wouldn't help you to get back in.

But aside from such extreme cases, AP is designed to allow you to travel if the need arises before your AoS petition is being adjudicated. Just make sure you can return in time should your AoS interview come up.

[ceadsearc 516]

As mentioned, AOS denial is unlikely but make sure you have someone checking your mail while you are abroad. You wouldn't want to miss an important notice.

[IPv6Freely 64]

I've avoided leaving the country for 3 years because of the scrutiny my TN status might get, I can wait another few months for my greencard. I'm getting the AP only for an emergency where I *have* to leave.

[Mike Z 8]

so someone mentioned don't do AP it if visa was overstayed.

is that only for those that overstayed >180 days or also less?

[Harpa Timsah 13,258]

If someone had a few days of overstay, I would say AP was okay to use. If you have 179 days, for example, I would not use it. CPB do have discretion to deny entry.

I also heard of someone who used their AP with a lot of overstay and got back in fine, but then at the interview, the IO was convinced she had had more than 180 days of overstay, and that her leaving the US had triggered a ban (even though she was allowed back in) so the AOS was denied. If she had stayed in the country her AOS would have been approved. Apparently the person didn't add the days right, and thought she was safe to use AP.

[IPv6Freely 64]

I always approach this kind of thing with the idea of not giving them the chance to reject me. If your visa is overstayed, just sit your #### down and wait it out. It's not worth the chance.

[docebzz 2]

But if there is no overstay involved..is there still any chance they can turn us back from POE?

[saywhat 5]

I used AP to get out and back into the country multiple times. The only issue I had was the secondary inspection, which added another 30 mins or so at the border. If you look at employment based forums you'll see many others like me. I always maintained my status though.