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hatrick

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

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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.

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


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

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4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

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3/03/2010 N400 sent to Arizona Lockbox

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

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5/1/2010 Text and email interview letter sen

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

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

~Inquiry about AP, Past K-1~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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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!


K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

Packet 3 Sent : 2012-05-20                                                    NO INTERVIEW

Interview Date : 2012-06-26                                                 Green Card Received : 2013-07-15

Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

N-400 Naturalization:

04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
05/27/2016 Fingerprints Bio-metrics appointment date
06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

event.png
 

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

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


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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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.


AwLw.pngAvg5.pngkjam.pngNS7L.png6HPt.pnguVbv.pngk3G8.png

 

N400 - Naturalization

Aug 05, 2018 (Day 1): Applied for Naturalization online

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online

Aug 11, 2018 (Day 6): Received notification that Biometrics appointment scheduled

Aug 13, 2018: Received biometrics appt letter online

Aug 28, 2018: Biometrics Appt

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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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.


AwLw.pngAvg5.pngkjam.pngNS7L.png6HPt.pnguVbv.pngk3G8.png

 

N400 - Naturalization

Aug 05, 2018 (Day 1): Applied for Naturalization online

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online

Aug 11, 2018 (Day 6): Received notification that Biometrics appointment scheduled

Aug 13, 2018: Received biometrics appt letter online

Aug 28, 2018: Biometrics Appt

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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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 by hatrick

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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.


AwLw.pngAvg5.pngkjam.pngNS7L.png6HPt.pnguVbv.pngk3G8.png

 

N400 - Naturalization

Aug 05, 2018 (Day 1): Applied for Naturalization online

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online

Aug 11, 2018 (Day 6): Received notification that Biometrics appointment scheduled

Aug 13, 2018: Received biometrics appt letter online

Aug 28, 2018: Biometrics Appt

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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