Travel on Advance Parole

[Sunnyland 639]

When I did my AOS a few years ago, I had to go to visit my family to Argentina (my husband could not go with me) and used my AP. When I entered Miami POE they sent me to the secondary room and asked me questions of my trip. I stayed there for 2 hours. At one point I had frustrated of so many questions and the bad attitude of the immigration officer. I told her that if she had any doubts she can talk to my husband that was waiting for me outside. She let me go right there.

As you will be traveling with your husband, I don't think you will have the same problems like I had.

Just in case dont stay in Europe for more than 6 months there.

[itsmehere 0]

You are mistaken. The OP has filed for AoS, therefore they are considered in a period of authorised stay, and not out of status.

Their status is "adjustment of status applicant" or "AoS pending". It is considered a period of legal stay until the I-485 is either approved, at which point they become an LPR, or denied, at which point they go out of status.

Hypnos is CORRECT! An a applicant for an immigration benefit with a pending adjustment of status application is said to be on authorized stay by the Attorney General according to the INS laws until a decision is taken on the petition. So yes the OP is good to use AP since OP wasn't out of status for more than 180 days to accumulate a ban.

Not out of status, but no status. Allowed temporarily due to pending AOS

Just because this thing shows me as a Newbie, I'm definitely not a newbie to immigration. It is considered out of status when an I-94 expires no matter how you look at it. If it wasn't they'd still be considered a nonimmigrant! There's no such status as Adjustment pending. As I said before, immigration status refers to: U.S. Citz., LPR, Nonimmigrant, Refugee or Asylee. If the Adjustment pending was a status, Deferred Action would be a status too! Deferred Action isn't a status. They're still here illegally. You may be allowed temporarily to stay here but, you're still technically out of status when your I-94 expires. The Advance Parole card allows them to travel since they are out of status and have a pending I-485. There's a difference between authorized stay and status in the U.S.. They may be authorized to stay here but they're not in a legal status. They are out of status.

[Starkilla09 366]

You're over looking that word "status" in a much deeper context that's not necessary. As far as immigration is concerned the center piece of that word status is a state of either being lawfully or unlawfully present in the United States (authorized vs unauthorized). The second part of it is when it comes to the kind of immigration benefit and no matter what you think that's the way immigration enforcement is centered. When ICE goes on enforcement they're not going to to see if someone has a pristine status as glass without a taint, they're looking for those not lawfully present at the moment. OP's question was whether he/she is in that lawful state eligible to use the AP to which the answer is unanimously yes. You say DACA people are still here illegally? How can someone be ILLEGAL in the U.S. and be LEGALLY allowed by LAW to have an EAD, AP, Driver's license with protection from deportation? They may have been before an executive law protected them not anymore. Last time I remember the executive branch still has 1/3 of the power shared with the supreme court and congress. True DACA people don't have a status and that's because it was an executive order and it's a mere withholding of removal as congress writes the laws. Immigration law is complex with many angles of sight. I can go ahead and also say OP wasn't even out of status to begin with but unlawfully present which has now been cured by the pending petition as being out of status and unlawfully present are also two different aspects of immigration. Ask me why? OP had a dated I-94 with an expiration date. An F-1 student with a D/S on I-94 doesn't become unlawfully present automatically after a status violation stopping school but after USCIS or an immigration judge does a formal finding of the status violation. It all depends like I said.

[Hypnos 6,576]

Deferred action is actually considered a period of legal stay (without having legal status), as I described above.

[Ryan H 3,790]

***Bickering posts in this thread will no longer be tolerated; cease and desist or thread bans (as well as other Administrative Action if warranted) will be imposed.***

Edited May 3, 2015 by Ryan H

[Sugarcoated 3]

just want to update my earlier post that i re-entered @ EWR with advance parole with no problem..

[FamilyGuyT 9]

CAUTION......I repeat........CAUTION..........

In reference to using the Advance Parole card and/or letter, you better call BOTH countries and get validation that the AP will qualify to enter the country and re-enter the U.S. AND..... get it in writing by someone very high up! Yes, I know exactly what all the websites and government pages say about the AP but that doesn't mean a da&%! thing. Other countries can and WILL do what they want and can change their mind/policy anytime they want.

I made those calls(to our gov.) to verify, I read every piece of official website info, I read all the stories of people stating it would work....then booked the 12 day honeymoon trip to Cancun Mexico. Only to get my 4'9" 93lb wife detained and treated like a criminal and sent home on the next flight, NO QUESTIONS ASKED. No allowance for me to remain with her or know anything about the flight she would be placed on the next morning. Nothing. I was given 5 minutes with her and then forced to leave the airport.

The U.S. Embassy can't help you, or didn't in this case. The response I got was "They can change their policy at any given moment and nothing we can say to change their mind"

Biggest nightmare ever. Very scary for my wife. Placed in a detention/jail type room with locked door and cameras, 2 security guards outside the door, no windows at all, sharing food and beds with other detainees. No personal items or phones allowed. The next day escorted by Three then two individuals that never left her side until the plane door closed for departure.

I realize...or at least my thinking is that Canada wouldn't do such a thing, but at this point I wouldn't trust any government including our own when they say "sure, it will work". Obviously besides the emotional/scarring stress endured, now we are faced with losing the $4,500 for the trip because of last minute cancellations.

I promise you, it's not worth the risk.

Also, The Customs/Immigration officer that processed her into the U.S. knew exactly what the issue was and it relates to what the above agrument is all about. Her words were "She has an "adjustment of status" pending which puts her in a state of "no status" and that's what confused the mexican authorities even though she was confident they have seen the AP many times as its been in place and being used for over 30 years.

[Hypnos 6,576]

It sounds like something else was going on, and the issue wasn't her having Advance Parole.

[FamilyGuyT 9]

I'm not sure what you are implying.

No other issues. They refused to recognize the AP and the pending I-485 status that she was in.

They want a U.S. visa, passport, or permanent resident card.

[clairegie 265]

So she had issues with Mexican authorities because they didn't understand what "No Status" meant?

[Hypnos 6,576]

Indeed, your issue was with the Mexican authorities if they failed to recognise valid US immigration documents.

[FamilyGuyT 9]

Yes. The period between adjusting status and green card in the U.S. is a period of no status really. They want proof that you have legal status in the U.S. or produce a mexican visa.

So I asked USCIS today what our proof is that the petitioner has legal status and they couldn't answer. Simply said it's adjusting status. I said, how would I prove to U.S. authorities that she's legal then and the answer was a big circle of nothing stating it depends on who is asking.

[americanirish87 5]

Yes. The period between adjusting status and green card in the U.S. is a period of no status really. They want proof that you have legal status in the U.S. or produce a mexican visa.

So I asked USCIS today what our proof is that the petitioner has legal status and they couldn't answer. Simply said it's adjusting status. I said, how would I prove to U.S. authorities that she's legal then and the answer was a big circle of nothing stating it depends on who is asking.

Family Guy T... i know this is an old post but just a question.. was your wife detained in Mexico by Mexican authorites?? When they sent her "home" was it to the US or to the Phillipines and if to the US was she able to get back in ok? From the looks of your timeline everything worked out ok!!