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Denied re-entry with advance parole?

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41 minutes ago, Scazy said:

Wonderful read. But it can be argued in a way that yes, you have 30 days to re open or file another I 751 as long as you in US and not seeking for admission with a terminated conditional LPR status. I personally met some agents who were not very familiar or comfortable with an extension letter (which, btw, specify something like “it’s not valid for work and travel if the status has been terminated), imagine their surprise if someone would  demand hearing with a judge no matter what it’s says in a letter about termination, and they might not be even aware of such memos. Then what? 

Thats sort of the point though - the status isn't actually terminated until done so by a judge, and as you can't appear in front of an immigration judge outside the US (or at a desk in an arrivals hall) and CBP cannot make such determinations, it is quite clear that legally you should not be denied admission.  

Just because the letter says it, doesn't mean it is true. A denial letter states that LPR status, work rights etc are terminated as of date of the letter, which just isn't legally true either and it certainly doesn't terminate or over-ride the rights you have in law.

USCIS lie! A lot. 

 

Also, your term 'seeking for admission' is interestingly relevant to this discussion. An alien who has been "lawfully admitted for permanent residence" is not "seeking admission" or an applicant for admission as an arriving alien after a temporary trip abroad.

(some fascinating factoids and clarification regarding that here - I have thousands of pages of this stuff now that I am discovering as I delve through the legalese in preparation for something...  :https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3486.pdf , https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-42832/0-0-0-47378.htmlhttps://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-42832/0-0-0-55681.html,  and https://www.justice.gov/eoir/file/478111/download )

 

 

 

I mean, from my own experience, when I re-entered the US at the start of this year in secondary she ran my denied receipt number (as it was hand written next to that stamp) and saw it had been denied, I was asked if I had got an NTA or heard anything from the court, which I confirmed that I hadn't.

 

She had stamped me in (as a normal admission)  before she even saw the new stamp (from filing a fresh I-751) on a different passport page.

 

 

 

 

 

Anyway, I didn't intend to hijack the original post which is about AP.. sorry.

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: AOS (pnd) Country: Canada
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3 minutes ago, A&H2018 said:

Bring all the law/legal history you want. Earlier this year for 24-48hrs, CBP was not allowing LPRs back into the USA. Because they simply follow the rules given by their bosses. Only till the white house itself changed the wording of the document given to those CBP officers did they allow those people back in. 

 

Not blaming trump for everything. But let’s be clear the current administration has made decisions overnight unilaterally that impacg immigration for a set amount of time. Not sure what other administration has done that before so again this is new territory. That said the issues were fixed very fast, it was not like those LPRs wwre banned forever. So again need to weigh the risk of the entire situation. But to totally fear using AP for everyone would be rather silly.

The first travel ban was chaotically implemented and led to mass confusion. However, those people using that one-time event as an excuse that "anything can happen therefore I don't want to risk" things which are standard and routine are misguided IMO

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Filed: L-1 Visa Country: Canada
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6 minutes ago, Teemo said:

The first travel ban was chaotically implemented and led to mass confusion. However, those people using that one-time event as an excuse that "anything can happen therefore I don't want to risk" things which are standard and routine are misguided IMO

Agreed, truly I think the risk is extremely minimal not other way around. Now if POTUS is planning military action some time that maybe one should delay their trip for a while.

 

As for those saying why would you want to travel? Why leave the USA ever? Hmm these are the exact same posters who say waiting for over a year for an interview is no issue and is not anyone’s fault. So guess one should never travel and quietly wait for an interview forever. Whats next you want the EAD to have job limitations as well...

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24 minutes ago, A&H2018 said:

Agreed, truly I think the risk is extremely minimal not other way around. Now if POTUS is planning military action some time that maybe one should delay their trip for a while.

 

As for those saying why would you want to travel? Why leave the USA ever? Hmm these are the exact same posters who say waiting for over a year for an interview is no issue and is not anyone’s fault. So guess one should never travel and quietly wait for an interview forever. Whats next you want the EAD to have job limitations as well...

Don't you get it, the US is the best place on earth and immigrants should patiently wait forever for their interviews and not complain and as soon as they enter the US they should be so grateful to be here that they can't even think of traveling abroad for at least few years. 

Edited by Orangesapples
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42 minutes ago, A&H2018 said:

Bring all the law/legal history you want. Earlier this year for 24-48hrs, CBP was not allowing LPRs back into the USA. Because they simply follow the rules given by their bosses. Only till the white house itself changed the wording of the document given to those CBP officers did they allow those people back in.

Last year*

And that wording was removed because it was clearly illegal.

The same thing could have happened to USCs if he issued an EO/PP to do so, so there's not much of a point in worrying about what could happen in violation of the law.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: L-1 Visa Country: Canada
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6 minutes ago, geowrian said:

Last year*

And that wording was removed because it was clearly illegal.

The same thing could have happened to USCs if he issued an EO/PP to do so, so there's not much of a point in worrying about what could happen in violation of the law.

Whoops...thx for taking time to correct me,

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  • 4 months later...
Filed: AOS (pnd) Country: Malaysia
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I am planning to travel back to my home country at the end of the year to see family. My US visa that I used as a student has expired but I have the  EAD and AP combo card that allows me to request for parole. Can I travel freely without a US visa? 

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Filed: AOS (apr) Country: Nicaragua
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On 6/27/2018 at 7:46 AM, 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; 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.

Ouch. That hurt.

 

In my case I had previously overstayed for five years and I needed to see my family especially my child who lives in my home country. 

 

I returned in August and I was paroled in without any issues. 

Spoiler

2017-07-05 Filed
2017-07-22 Received package back for wrong payment amount
2017-07-24 Sent package back with correct payment amount
2017-07-27 Received by USCIS
2017-08-01 NOA letter dated
2017-08-07 NOA received 
2017-08-11 Biometrics letter received
2017-08-21 RFIE case updated 
2017-08-23 Biometrics appointment 
2017-08-25 RFIE letter received 
2017-08-26 RFIE response sent 
2017-08-30 RFE response received by USCIS 
2017-10-26 Combo Card ordered 
2017-10-27 Case updated 
2017-10-30 Received approval letters for EAD & AP 
2017-10-31 Combo Card was mailed 
2017-11-01 Case updated 
2017-11-02 Received Combo Card 
2018-06-14 Filed Renewal EAD/AP 
2018-06-29 Received NOA with EAD 180-day extension 
2018-07-06 Received letter from USCIS stating biometrics will be reused 
2018-10-09 Interview was scheduled 
2018-11-13 Interview date, rescheduled 
2018-12-13 New Interview date, Approved
2018-12-17 Received approval letter for I-130
2019-01-02 Green Card ordered, case updated
2019-01-07 Infopass: I-551 stamp in passport
2019-01-07 Received approval letter for I-485 
2019-01-07 Green Card was mailed
2019-01-08 Case updated "We mailed your new card your Form I-485"
2019-01-08 Case updated "Card Was Picked Up By The United States Postal Service" including tracking number
2019-01-09 Received Green Card

Total Day count: 553

 

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  • 2 months later...
On 11/5/2018 at 10:26 PM, andrewtan421 said:

I am planning to travel back to my home country at the end of the year to see family. My US visa that I used as a student has expired but I have the  EAD and AP combo card that allows me to request for parole. Can I travel freely without a US visa? 

Hello, how did it go? Were you able to return ?

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On 11/6/2018 at 3:06 AM, Larindra said:

Ouch. That hurt.

 

In my case I had previously overstayed for five years and I needed to see my family especially my child who lives in my home country. 

 

I returned in August and I was paroled in without any issues. 

Hello! Happy to hear your story . Did you apply for AOS as USC spouse ? I’m having hard time to decide if I should use my AP to travel - didn’t see my mom for 4 years- but I’ve previously overstayed F1 visa and married to a LPR.

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I would not worry if I have approved advance parole and I obligate to all its requirements.

I never heard that somebody was denied entry with approved advance parole. If there is somebody out their was denied, he or she may break the law by overstaying and etc. 

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Filed: Citizen (apr) Country: Korea DPR
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On 6/27/2018 at 9:46 AM, Ben&Zian said:

.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. 

That’s incorrect. The current climate is cause of a legitimate fear. Yes the laws had previously been on the books, however the enforcement was nonexistent or spotty. In the current climate immigration is actively looking for a reason to deny people, there’s a big difference so people’s fears are not irrational. The current administration is decidedly anti illegal immigration (some say anti-immigrant), that is not in dispute.

 

Lots of people adjusting status have minor immigration infractions that could be uncovered and/or used to classify them inadmissible if the immigration officer is inclined to dig into their history with a fine toothed comb and refused to exercise favorable discretion.

I am not in this world to live up to your expectations,

Neither are you here to live up to mine.

I don't owe no one no obligation 
So everything is fine, fine

I said, I am that I am I am, I am, I am
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Filed: Citizen (apr) Country: Korea DPR
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On 6/26/2018 at 2:34 PM, KeratNY said:

 

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.

Why the 2014 cutoff? Is it arbitrary or there an underlying reason? Anyway I spent the past week revisiting immigration appeal cases from the district courts.

 

I remember two such cases, one of which was the Sabri Samirah case where the appellate courts demanded the immigrant be allowed to return to th USA to continue adjusting status. It took ten years for him to be allowed back. It was before 2014 however, 2010 when judgment was rendered  

 

https://law.justia.com/cases/federal/appellate-courts/ca7/08-1889/08-1889-2010-12-03-opinion-2011-02-25.html

 

I think applicants and their attorneys are cautious because the philosophy is why do anything to jeopardize a journey when victory is in sight. Don’t forget for most people if not allowed in, there’s a bar for illegal presence and most people using advance parole go into secondary inspection which is usually intrusive.

 

Yes the probability of an adverse result may be low, but why risk it? Everyone should make their choice based on their risk tolerance.

 

 

 

Edited by HonoraryCitizen

I am not in this world to live up to your expectations,

Neither are you here to live up to mine.

I don't owe no one no obligation 
So everything is fine, fine

I said, I am that I am I am, I am, I am
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  • 2 months later...
Filed: AOS (pnd) Country: Malaysia
Timeline
On 1/10/2019 at 6:20 PM, KatenkaMishka said:

Hello, how did it go? Were you able to return ?

Yes I was able to return easily. The only hiccup you may experience is convincing the people at the check-in counter of the country you are leaving to return to the US that you have this thing called an Advance Parole that allows you travel into the US without a visa. When you go through immigration in the US, present your combo card and say that you are requesting parole into the country. They will ask you to sit on the side while they process your paperwork. It took them 15 minutes to process mine, after which I was allowed to enter the country.

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