Denied re-entry with advance parole?

[KeratNY 76]

I know there are a lot of people on this forum who have been active readers and participants here for many months or even years. 

 

Have any of you come across a thread here (or somewhere else online) where someone in AOS process was denied re-entry back into the US with an approved advance parole but before a green card was approved? Denied either because of a prior overstay, unauthorized employment, illegal entry (such as DACA where they receive advance parole) or anything else.

 

There are a lot of people scared to travel in this particular situation, but try as I might I cannot even find one negative situation like this online from 2014 or afterwards. If there are, would be good to assess and learn from. So anyone who recalls reading something like this please point me in that direction. 

 

Those who traveled on advance parole with a prior overstay or unauthorized employment, how did it work out for you?

 

Thanks

[KazuriSana 324]

Why are you so eager to find someone who was denied entry while holding AP documents?

 

The AP allows someone to travel, and CBP are very familiar with it and what benefits accompany it.

[Boiler 43,433]

Always struck me was that the bigger issue is being paroled in when you use AP rather than admitted.

[KeratNY 76]

15 minutes ago, BlessedAssurance said:

Why are you so eager to find someone who was denied entry while holding AP documents?

 

The AP allows someone to travel, and CBP are very familiar with it and what benefits accompany it.

Curiosity. A lot of people in this situation are scared to travel, and STILL a lot of lawyers tell their clients not to travel on advance parole, or even to apply for advance parole, because of this fear. This fear must come from SOMEWHERE or it is totally irrational. So, I'm curious if there are stories out there people are reacting to. 

 

4 minutes ago, Boiler said:

Always struck me was that the bigger issue is being paroled in when you use AP rather than admitted.

In what way?

Edited June 26, 2018 by KeratNY

[KazuriSana 324]

2 minutes ago, KeratNY said:

In what way?

Parole. Parole. parole. In that way.

 

Parole implies you have committed a crime or something, for which you are being paroled. 

 

I guess the parole means you are pardoned after abandoning your AOS petition, which keeps it alive.

[geowrian 22,335]

9 minutes ago, KeratNY said:

Curiosity. A lot of people in this situation are scared to travel, and STILL a lot of lawyers tell their clients not to travel on advance parole, or even to apply for advance parole, because of this fear. This fear must come from SOMEWHERE or it is totally irrational. So, I'm curious if there are stories out there people are reacting to.

Entry with AP is always at CBP's discretion. They can choose to not do so and you're stuck with it. The other issue is if AOS is denied while abroad, in which case AP is automatically revoked. So there certainly is a concern/risk, but so long as AP was properly issued and there's no good reason for them to not let you back in (i.e. undisclosed criminal record, new crimes abroad, etc.). then the risk is incredibly small.

Edited June 26, 2018 by geowrian

[KeratNY 76]

9 minutes ago, geowrian said:

Entry with AP is always at CBP's discretion. They can choose to not do so and you're stuck with it. The other issue is if AOS is denied while abroad, in which case AP is automatically revoked. So there certainly is a concern/risk, but so long as AP was properly issued and there's no good reason for them to not let you back in (i.e. undisclosed criminal record, new crimes abroad, etc.). then the risk is incredibly small.

Thanks. Yes it is always at CBP's discretion, and that fact alone scares people (AND lawyers who really should know better) away from doing it, but that fact also applies to LPRs too. Some people and lawyers think the risk is very high, which is demonstrably wrong. Which is why I'm curious what is underlying that. 

 

I have faith that they almost always deny you for a specific reason and I'm curious as to what those could be, in this situation. Which is why I want to find a single thread where this happened and assess it, to learn the answer to that. Those potential reasons you outline above are in line with my thinking and helpful, as well as your conclusion that the "risk is incredibly small." And yet, the fear is pervasive and widespread, which appears to be a result of catastrophizing (which is human nature, I get it) rather than based in reality. 

[Mari181 30]

3 hours ago, KeratNY said:

I know there are a lot of people on this forum who have been active readers and participants here for many months or even years. 

 

Have any of you come across a thread here (or somewhere else online) where someone in AOS process was denied re-entry back into the US with an approved advance parole but before a green card was approved? Denied either because of a prior overstay, unauthorized employment, illegal entry (such as DACA where they receive advance parole) or anything else.

 

There are a lot of people scared to travel in this particular situation, but try as I might I cannot even find one negative situation like this online from 2014 or afterwards. If there are, would be good to assess and learn from. So anyone who recalls reading something like this please point me in that direction. 

 

Those who traveled on advance parole with a prior overstay or unauthorized employment, how did it work out for you?

 

Thanks

Nice question! I would like to know too

[Unidentified 2,930]

I think that unless you've done something stupid while trying to get into the US like trying to bring in drugs or something equally stupid you're fine. 

 

But you should be aware that since you're being paroled into the country most likely you'll be put through secondary inspection. Don't know if that always happens with Advance Parole that you get with your AOS application. I came into the US on a Emergency Advance Parole I got during my AOS journey and CBP told me it was routine procedure for anyone being paroled into the country. It was no big deal at all, they pretty much just asked me why I had been granted an Emergency Advance Parole. It just took a lot of time (2+ hours) because they were busy but I wasn't surprised about it. I arrived during my airports equivalent to rush hour with an incredible amount of international flights arrive at the same time. Only ting that bugged me was not being able to contact my husband. Though he was fine too, getting through lots of episodes on something on Netflix at the cell phone lot... 

[speedster 21]

16 hours ago, KeratNY said:

Thanks. Yes it is always at CBP's discretion, and that fact alone scares people (AND lawyers who really should know better) away from doing it, but that fact also applies to LPRs too. Some people and lawyers think the risk is very high, which is demonstrably wrong. Which is why I'm curious what is underlying that. 

 

I have faith that they almost always deny you for a specific reason and I'm curious as to what those could be, in this situation. Which is why I want to find a single thread where this happened and assess it, to learn the answer to that. Those potential reasons you outline above are in line with my thinking and helpful, as well as your conclusion that the "risk is incredibly small." And yet, the fear is pervasive and widespread, which appears to be a result of catastrophizing (which is human nature, I get it) rather than based in reality. 

 

If you haven't done any crimes or anything close to that I wouldn't understand why lawyers wouldn't extend the use of AP

[Ermin&Zijada 141]

My husband and I have made the decision not to travel with AP. Our fears are not because we heard stories about people being denied entry, but because of the uncertainty of the current immigration climate. It only takes one executive order before AP is useless. Not too long ago people were being detained even with a Green Card much less AP. 

[Unidentified 2,930]

2 minutes ago, Ermin&Zijada said:

My husband and I have made the decision not to travel with AP. Our fears are not because we heard stories about people being denied entry, but because of the uncertainty of the current immigration climate. It only takes one executive order before AP is useless. Not too long ago people were being detained even with a Green Card much less AP. 

I so agree with this. I am even nervous about potentially going up to Canada to bring back a dog and I am Permanent Resident with an expired Green Card and only an extension letter to prove I am a resident. I know I am fine, but with the current climate and everything changing drastically willy nilly, I am still nervous about it. 

[Orangesapples 1,954]

18 hours ago, BlessedAssurance said:

 

 

The AP allows someone to travel, and CBP are very familiar with it and what benefits accompany it.

To be fair, some CBP are incompetent, like the one who sent me to get a permit that only applies for tourist and student visas. Only after we talked to a few people supervisor we got our money back. 

[Ben&Zian 4,397]

Why people are so 'desperate' to immediately go home and travel after just having dealt with the long wait to get here in the first place is beyond me; but regardless, if you have AP, then you're fine. That's what it's for, travel and re-entry. As noted, immigrations has final say on entry, always has been that way. It isn't because of the "current climate", i laugh about that all the time. Again it's been this way for years and years. So either take the "chance" or "risk" to travel, or just wait until you have your green card. Pretty simple stuff.

[Orangesapples 1,954]

3 minutes ago, Ben&Zian said:

Why people are so 'desperate' to immediately go home and travel after just having dealt with the long wait to get here in the first place is beyond me; 

Because people miss home? Or maybe they just like traveling and are going somewhere other than their home country? It's completely normal to go home or just travel internationally at least once a year and since AOS takes around a year it's normal for people to want to travel before it's approved.