Traveling with Advance Parole travel document

[luke_123 0]

Hi,

I was wondering if I would have any problems re-entering the United States with the Advance Parole document.

I am legal through deferred action and have been living in the US for 9 years.

I stayed here illegally for only 6 months, and wouldn't stay out of the country for a long time.

Would I have any trouble at the border?

Thanks to whoever replied to my post!

[Hypnos 6,576]

Granting re-entry to DACA APs is entirely discretionary and at the whim of the CBP officer that day. You would usually need to show a pressing need why you had to travel overseas and return (sick / dying relative, attend a funeral, business obligations, etc.).

[luke_123 0]

Granting re-entry to DACA APs is entirely discretionary and at the whim of the CBP officer that day. You would usually need to show a pressing need why you had to travel overseas and return (sick / dying relative, attend a funeral, business obligations, etc.).

so you're saying that if I show them the officer why I left the country, he would let me back in?

[Hypnos 6,576]

I'm saying that you will need to show USCIS a very good reason for your wanting to travel outside of the US, and you may need to also show that same proof to CBP when you attempt to return to the US.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=3a4dbc4b04499310VgnVCM100000082ca60aRCRD&vgnextoid=3a4dbc4b04499310VgnVCM100000082ca60aRCRD

"If my case is deferred pursuant to the consideration of the deferred action for childhood arrivals process, will I be able to travel outside of the United States?

A: Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

- humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;

- educational purposes, such as semester-abroad programs and academic research, or;

- employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole."

Edited July 25, 2013 by Hypnos

[luke_123 0]

I know that, I just need to know if they would let me back in, after living here 9 years and being unlawful for 6 months.

I'm saying that you will need to show USCIS a very good reason for your wanting to travel outside of the US, and you may need to also show that same proof to CBP when you attempt to return to the US.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=3a4dbc4b04499310VgnVCM100000082ca60aRCRD&vgnextoid=3a4dbc4b04499310VgnVCM100000082ca60aRCRD

"If my case is deferred pursuant to the consideration of the deferred action for childhood arrivals process, will I be able to travel outside of the United States?

A: Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

- humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;

- educational purposes, such as semester-abroad programs and academic research, or;

- employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole."

[mngoalie 10]

I know that, I just need to know if they would let me back in, after living here 9 years and being unlawful for 6 months.

Its entirely up to the officer that you interact with when you come back. Noone can give you a definate answer. Since you were here unlawfully for awhile, I'd probably not risk leaving until you have advance parole or a GC.

[NikLR 13,227]

***removed duplicate post****

[ala_tika 16]

I feel that traveling with Advance Parole has been made into an impossible feat (especially for those who have some overstay). Basically if you're not a US citizen, there is no guarantee of re-entry into the US (even if you have a green card). That being said, the rules for traveling with advance parole has changed a bit in the past year. "The Board of Immigration Appeals recently held that persons issued an advance parole document, who have accrued unlawful presence in the United States, will not be deemed inadmissible for unlawful presence upon return to the United States." [source]

Under US immigration law, foreign nationals who have 180 of unauthorized stay in the US are barred from admission for 3 years when they depart. And those who have a year of unauthorized stay in the US are barred from admission for 10 years when they depart. But traveling on Advance Parole is not considered a departure that will trigger the 3/10 year bars. However, as a precaution, you should consult a (good) immigration attorney before leaving the US while your green card application is pending to determine if you may have other bars to admission back into the US.

I hope this helps.

[Hypnos 6,576]

USCIS have yet to issue formal guidance with regards to Matters of Arrabally and Yerrabelly, although that decision was binding upon them.