Traveling on Advanced Parole after being out of status for > 6 months

[hatrick 1]

Hi,

I have a question regarding some planned travel with my wife on AP. She arrived on a K-1 Fiance visa last January and we legally married the same month she arrived. I however did not file for her adjustment of status until November which I received a receipt for in the mail. I'm trying to get an answer on what if any the risks are traveling to visit her family in Mexico and not having issues when presenting her AP document and supporting documents like marriage certificate to customers upon our arrival. Is it true that that can deny her entry because she was technically out of status from the time her 90 entry visa expired to the time our AOS application was accepted. Has anyone heard of someone being denied re-entry on a valid AP document because of this? Thanks for any input. - Hatrick.

[milimelo 4,194]

Yes, they can deny entry based on her being out of status. I wouldn't go anywhere abroad until green card in hand.

[Pitaya 2,576]

~Moved from K-1 Process to Working and Traveling During US Immigration Forum~

~Inquiry about AP, Past K-1~

[agrabs 237]

My husband and I traveled to Mexico this past June while he was waiting for his greencard. He was traveling with his AP/EAD combo card. My husband was never out of status and we had read that traveling with the AP card should not be a problem. Upon checking in for our return flight, frontier airlines would not issue my husband a boarding pass. They would not accept the AP combo card as a valid travel document. They said he needed either a green card or "seperate travel papers" . Even later when I filed a formal complaint with frontier for not being familiar with the combo card they sent me a snotty e-mail back stating they stand by their decision not to accept the AP card as it doesn't guarentee entry into the US.

I know this isn't exactly what you are asking about, but my point is, the AP card doesn't guarentee re-entry into the US. Also, if you are flying - make sure the airline is familiar with the AP combo card, and .... if you were going to fly frontier to mexico - don't!

[baron555 934]

No once they have the AP they can re-enter.

They wouldn't be issued that if their non- status was an issue.

[Canerican 242]

It states in the instructions in the I-131 that if you have accrued 180 days or more they will still issue a AP if you apply for it. But the catch is that if you have accrued more than 180 days of unauthorized stay in the USA you cannot travel with the AP as the CBP will deny entry due to having 180 days accrued unauthorized stay. As poster said earlier, wait until you receive your Green Card to travel.

[Canerican 242]

No once they have the AP they can re-enter.

They wouldn't be issued that if their non- status was an issue.

This is incorrect. It clearly states in the instructions on the website: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf%C2'>

section b. Travel Warning

4)Issuance of an Advanced Parole Document does not entitle you to parole and does not guarantee that DHS will parole you into the United States upon return.

As well as I earlier posted, often DHS will issue AP incorrectly. For instance if someone has 180 or more days accrued and they apply, they will still get advanced parole even though they have had more than the alotted time out of status. In these cases people are advised NOT to use the AP as they will not be re admitted. They are advised as has been advised here to wait till GC is in hand before traveling.

[hatrick 1]

Thanks for the input, from what I have read it sounds pretty risky to travel on AP with my wife after her being out of status for more than 180 days before filing for AOS. I really wish I knew about this before waiting the time I did to file. CDN do you know if it is a policy or guarantee that her re-entry will be denied based on her time out of status or is it based on the discretion of the officer(s)? Also once you filed your AOS how long did it take to get a green card? Thanks again for the input. - Hatrick.

Edited December 18, 2013 by hatrick

[Canerican 242]

Hey there Hatrick,

As has been said on other forums, being out of status or not does not weigh on the approval or denial of a AP. Usually if you apply for it, you get it. But as said in earlier post, due to 180 or more days of accrued unauthorized stay you will not be able to use the AP.

Concerning the GC, could take anywhere from 4 months to a year. For me it took about 5 months to the day of filing. I had no interview.

Your welcome for the input. Hope that you get your GC in the earlier instead of latter timeframe.