Somebody has similar experience please help in understanding overstayed and Authorization of Parole.

[NgocN. 0]

My dad has been waiting for I-130 and I-485 process. I'm petitioner.  However,  he had to go back to Vietnam for health issue, and get his daily medication for next couple months.  Anyway he is in Vietnam now. He left usa after he got AP- authorization Of Parole. NOA1 date is August 4, 2016. His AP I-512l_Authorization of Parole approved on October 28, 2016, and expired on October 28, 2017. He's going to come back to us for interview schedule.  (We received a letter said his case is pending for interview schedule,  but didn't say what date yet). The thing is he left usa after his visa expiration date 3 months. He came usa on june 28, 2016. His visa expired on December 28, 2016. He left usa on March 28, 2017. Anyway, He had stayed in USA totally 9 months: visa permitted 6 months, and stayed after visa expired 3 months.

According to Authorization of Parole will not allow to enter USA if unlawful presence (mean overstayed more 180 days in usa).

I have read some discussion about how to calculate days of overatayed, but there are many different answers.  Some said days since visa expiration of date to the date of leaving usa. Some said days after NOA1 to the date of leaving usa. Some said days after the date on Adjustment of Status I-485 to the date of leaving usa.  I'm confused.

So my questions is:

1. How can we calculate how many days he overstayed in USA? Is it considered since date of visa expiration date to the date he's leaving USA, or considered since what date to the date he's leaving usa?

2. Is his situation is considered overstayed and unlawful presence?

3. Can he reenter to usa with AP_ authorization of Parole before the due date state on Parole (October 28, 2017)?

I very appreciate to your advice for my dad situation.  Thank you.

Edited June 24, 2017 by NgocN.

[Penguin_ie 5,988]

***** Moving from Tourist Visa to AOS from Tourist visa for more answers ******

[azblk 338]

He has advance parole. He will be allowed back in as long as he returns before the expiry date of the parole. The date on his i-94 is what counts not the date on the visa. But again he had advance parole so he will be fine. Even not he stayed less than 6 months so he is not subject to the bars

[NgocN. 0]

Thanks for your advice.  I appreciate it. However, I'm still confused with the date stamped on my dad I-94. There are 2 date stamped on it. One is the date enter into the usa (June 28, 2016). One is "until" date (Dec 28, 2016). So, which date should be counted for overstayed to know if my dad overstayed over 180 days or not? June 28, 2016 to March 28, 2017 or Dec 28, 2016 to March 28, 2017??

[azblk 338]

dec 28,2016

[NgocN. 0]

Thank you so much!

[NgocN. 0]

Hi there again!

Do you know how long they will keep my dad in separate room after he show them the AP-authorization of parole_at the airport? He landed at LAX airport at 9 pm today. They're keeping him in separate room until now (12:10am) already.  He is low vision, no English.  Poor him! Why they keep him while the parole is supposed to let him get in.

Thank you for any advice. 

[azblk 338]

6 hours ago, NgocN. said:

Hi there again!

Do you know how long they will keep my dad in separate room after he show them the AP-authorization of parole_at the airport? He landed at LAX airport at 9 pm today. They're keeping him in separate room until now (12:10am) already.  He is low vision, no English.  Poor him! Why they keep him while the parole is supposed to let him get in.

Thank you for any advice. 

Almost all travelers on advance parole go through secondary inspection. He will be allowed to enter eventually. Maybe looking for a interpreter