Will my wife have problems with this situation with AP?

[tolitzpogi 37]

My wife just received her EAD/AP combo card today (thank god), but as I was reading up on reentry using the AP, I found this line from this site:

I was granted advance parole. Can I reenter the United States without any issues?

It depends on if you may be subject to any grounds of inadmissibility, and if so, which ones.

UNLAWFUL PRESENCE

Have you been unlawfully present in the United States?

A person may be considered unlawfully present here in the United States if he entered without any papers or if he overstayed his visa.

If you have accrued unlawful presence, you will probably be safe reentering the United States on a grant of advance parole. 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.

So — if the only potential ground of inadmissibility is unlawful presence — you are probably safe relying on advance parole.

My wife arrived in the U.S. on 11/09/2014, and we got married on 01/02/2015, but we only got to file our AOS on 03/02/2015 due to the long wait for our marriage certificate and saving up for the AOS filing fee. So in essence, she was out of status for just over three weeks after her I-94 expired.

My wife's AOS interview is on 06/10/2015, and plans to go back to the Philippines to pickup the K2 kids on 06/12/2015, and returning on 06/25/2015. If she gets approved on the spot, we plan to ask for an I-551 stamp on her passport after showing the OC her itinerary.

Has anyone who had roughly the same situation as I ever experienced problems reentering the U.S. with the AP and/or the I-551 stamp? I would think picking up the K2 kids would be a valid reason, but I wanted to see if there will be issues so I can prepare for them.

Thanks as always!

Edited May 20, 2015 by tolitzpogi

[Pitaya 2,577]

~Moved from Fam.-based AOS to Working and Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~

[KayDeeCee 4,893]

If she has been approved for permanent residency and gets an I-551 stamp, then she won't be using AP to re-enter anyway.

She would have needed to have over 180 days of overstay, but being barred from entry when you have more than 180 days of overstay no longer applies to those that have received AP based on being an AOS applicant.

There was a BIA ruling a few years back, Matter of Arrabally and Yerrabelly.

FAM notes state this > http://www.state.gov/documents/organization/87120.pdf

9 FAM 40.92 N2.2 INA 212(a)(9)(B)(i)(II) Departure At Any Time

The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)

Edited May 21, 2015 by KayDeeCee

[clairegie 265]

I recently traveled using the combo card. I sent in AOS 4-5 months after i94 expired and I had no problems getting back in. Just brought my marriage certificate and AP and AOS NOA2. Some officers aren't familiar with the combo card yet so just show them these documents. Dunno about the I-551 stamp since I got the interview waiver and still waiting for an interview.

[tolitzpogi 37]

Thanks for the answers, I really appreciate it! Now I can prepare appropriately. Cheers!

[TBoneTX 45,469]

A repeated post that spams the forums has been removed.

VJ Moderation

[FamilyGuyT 9]

If you are referring to my post, I think the community would understand it being repeated on several different conversations as to make the community aware of the situation they could fall into. My goal is not to spam but to save someone else the heartache and misery my wife went through.

[TBoneTX 45,469]

See PM.

[Pitaya 2,577]

If you are referring to my post, I think the community would understand it being repeated on several different conversations as to make the community aware of the situation they could fall into. My goal is not to spam but to save someone else the heartache and misery my wife went through.

~That is all well and good. However, the method that you are using, multiple posting of the same unsolicited message, is considered SPAM according to the VJ Terms of Service. You are encouraged and notified to refrain from such activity, or administrative actions will be forthcoming.~

Pitaya

VJ Moderator