Denied re-entry with advance parole?

[Unidentified 2,930]

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; 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.

Because happens and family get sick and pass away? Because people want to go back for weddings, births, funerals, holidays? That's the whole entire reason why they offer the AP. Plus people want to travel, go on honeymoon. Not everyone goes back to their home country. 

 

I am glad you can laugh about it because most of us are not. Yes, CBP has final say. But if you're outside of the country and their an EO going out about AP's no longer being honored or something then you're pretty screwed. Like the first travel ban were Trump screwed up and it led to CBP not even admitting Green Card holders. 

[Ben&Zian 4,397]

Then all this travel is your choices to make.  Point is don't blame other things for your own choices. As someone who spent 12-15 months on deployments in the middle east, trust me, it's not hard to stay away from family/friends/ect. Honeymoon can be done at anniversary and some don't even bother with it. That's again, your own personal choice to make. And the ability to travel must also show you got EAD but don't want to or aren't working cause I know a lot of companies wouldn't be giving any time off within first 6 plus months, that's usually just an evaluation period. Point is, again, if you're "worried" or "afraid", don't go regardless of whatever circumstance you wish to use as the reason, just pretty simple. And as for the GC holders being held up before, yes there was some miswording/guidance in the first "ban", but also again only USC's are guaranteed entry into the US. A GC still doesn't; but that issue has been corrected and the ban also was supported by the SCOTUS yesterday in it's entirety. So if the laws of this country worry/bother people, again, it is all your personal choice, and a lot of immigrants(regardless how they came in legally through marriage, K-1, F1, ect) understand this and applaud it all (my husband does).. So that's all I'm saying.

[Cyberfx1024 7,978]

35 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; 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.

The OP did not come with a K1, CR1, or a IR1 they were a tourist visa that is doing AOS right now.

[speedster 21]

And in many situations AP is the only option depending your status look at DACA and some cases of TPS, AP is the only way to adjust status at times, it sucks but oh well.

[Cyberfx1024 7,978]

2 minutes ago, Ben&Zian said:

Then all this travel is your choices to make.  Point is don't blame other things for your own choices. As someone who spent 12-15 months on deployments in the middle east, trust me, it's not hard to stay away from family/friends/ect. Honeymoon can be done at anniversary and some don't even bother with it. That's again, your own personal choice to make. And the ability to travel must also show you got EAD but don't want to or aren't working cause I know a lot of companies wouldn't be giving any time off within first 6 plus months, that's usually just an evaluation period. Point is, again, if you're "worried" or "afraid", don't go regardless of whatever circumstance you wish to use as the reason, just pretty simple. And as for the GC holders being held up before, yes there was some miswording/guidance in the first "ban", but also again only USC's are guaranteed entry into the US. A GC still doesn't; but that issue has been corrected and the ban also was supported by the SCOTUS yesterday in it's entirety. So if the laws of this country worry/bother people, again, it is all your personal choice, and a lot of immigrants(regardless how they came in legally through marriage, K-1, F1, ect) understand this and applaud it all (my husband does).. So that's all I'm saying.

I completely agree with this as well.

[Sunnyland 639]

My story on AP. I traveled on my AP (while on AOS from K1) and on my return to POE Miami they sent me to secondary inspection. I was aware of this would happen because the custom officer told me that since I was traveling with the AP  he needed to send me to secondary inspection. He was nice.

Then the lady in the room had an attitude (she was very young and I guess new at this job) and kept questioning why I left the country, etc. I only spent 2 months in my home country visiting my mom who needed my help at that time. She kept me for like 1 hour or so staring at me weirdly like deciding if she would let me in or not. She let me wait until the last person left.

I said to her, what is the purpose of having the AP if can not be used for a family situation. Kinda that I got a little upset about the whole waiting. My husband was waiting outside for me wondering why it was taking so long.  She asked me if I had planned another trip which I replied not that I'm aware now. I will if I have to. She kept thinking.

At the end I told the lady that if she has any more questions, she could also talk to my husband who was worried already waiting outside. She just let me in. Of course after that episode, my next trip was with my 2 year GC and I had no problem at all at POE. 

Now with my recent acquired citizenship and US passport I will be able to travel "freely" with no concerns if they will let me in or out. 

[Orangesapples 1,954]

1 hour ago, Ben&Zian said:

Then all this travel is your choices to make.  Point is don't blame other things for your own choices. As someone who spent 12-15 months on deployments in the middle east, trust me, it's not hard to stay away from family/friends/ect. Honeymoon can be done at anniversary and some don't even bother with it. That's again, your own personal choice to make. And the ability to travel must also show you got EAD but don't want to or aren't working cause I know a lot of companies wouldn't be giving any time off within first 6 plus months, that's usually just an evaluation period. Point is, again, if you're "worried" or "afraid", don't go regardless of whatever circumstance you wish to use as the reason, just pretty simple. And as for the GC holders being held up before, yes there was some miswording/guidance in the first "ban", but also again only USC's are guaranteed entry into the US. A GC still doesn't; but that issue has been corrected and the ban also was supported by the SCOTUS yesterday in it's entirety. So if the laws of this country worry/bother people, again, it is all your personal choice, and a lot of immigrants(regardless how they came in legally through marriage, K-1, F1, ect) understand this and applaud it all (my husband does).. So that's all I'm saying.

So I get it that it's beyond you to understand why other people make different choices from you? Maybe for you it's not hard to be away from family, but for others it is. In my case, we like to travel internationally and one year without that is a missed opportunity. Nobody is blaming anyone or anything. You just said you don't understand why people want to travel soon after they arrive. It's pretty simple and easy to understand actually. Also, for many international couples, balancing between the two families is important and for many immigrants (like me) being in the US is a compromise in order to be with our loved ones and in order to make more money so that we can afford more international trips. 

 

And you're wrong about jobs not giving you time off, you just need to know how and when to ask. 

Edited June 27, 2018 by Orangesapples

[Unidentified 2,930]

Everyone makes their own personal choice and we shouldn't judge others because we would have done it differently. Maybe you wouldn't think it was necessary to travel home if one of your parents died but others would. And like I said, the whole point of the AP is for us to be able to travel. 

[KeratNY 76]

1 hour 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; 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.

I think that people are perceiving "an immigration unfriendly" environment and erroneously applying it to their own situation. I think in each situation people need to balance out the upside of an international trip with the assessed risk. The upside is usually immediately apparent to each person. Believe me my next trip is highly important to my wife and I and it would be a massive pain to us to wait another 8+ months for it.

 

The risk of re-entry is not immediately apparent. There are no denial statistics for this, so I think it makes sense that people try to assess if using advance parole is a 1% risk, a 10% risk, a 25% risk, and so forth, to make the right decision.  People can be "worried"  or "afraid" to go, but after asking these types of questions and if they assess the risk as very low (which I have done but others have not), the upside of the travel is still worth it. I have assessed the risk as 1%-5% which is still too high for my comfort but balanced against the joy and benefits of the trip I believe the ratio makes sense for me to go. 

 

I agree that the first travel ban was the only situation in recent and not-so-recent history where green card holders were (temporarily) being denied, and that was a fiasco that was quickly rectified. So @Ermin&Zijadapointing to that as a relevant example as something that could happen to AP is completely illegitimate. That was very very clearly a one time thing that was a mistake the Trump administration learned.  But they have assessed the risk as too high compared to the upside they would get. 

 

So the choices are indeed "simple."  But it is not an easy choice and I think people here are doing their background research to assess the risk. 

[Diane and Chris 651]

19 hours ago, BlessedAssurance said:

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.

I’ve often wondered that. Parole does sound like you’ve committed a crime!  

[Sunnyland 639]

4 minutes ago, Diane and Chris said:

I’ve often wondered that. Parole does sound like you’ve committed a crime!  

 

Maybe the "crime" is doing AOS.   

[A&H2018 146]

When the travel ban was first introduced those “potentially impacted” had massive fears about what is possible. Lawyers emailed everyone saying if you come near XYZ countries do not even think about it. Since then the rules have become clear, the issue has gone to every court known to man so people should try to worry less about the “political climate”. The rules are clear what President can do and can’t. That said if you are abroad absolutely the rules/law could change tomorrow and you need to weigh that risk.

 

Also I think anyone needs to think if they want to even live in the USA longterm if they have caused no crimes/trouble and are denied entry for zero explanation. Ofcourse this depends on your situation and where your home country is. But a greencard can also be revoked so again some inherent risk always exists.

[Scazy 78]

I know one person who traveled with AP waiting for AOS and having an overstay history prior. I did not recommended her to travel at that time because, you know, “what ifs”, but she went on a trip and entered back with no problems. 

Yes they do say that entry is not granted to anyone but UCS, but what exactly that means? In my understanding that phrase means you won’t be admitted if you break the law that would make you inadmissible. Like, returning LPR convicted of inadmissible crime won’t be admitted - that’s the law and it’s abailable for all to exam your situation before travelling. But it does not mean that you still might be denied entry if have not committed anything that makes you inadmissible, just because the officer had a bad day. I believe that’s where all the paranoia and panic starts because it does sounds pretty scary that you always have a chance not to come back - and it’s impprtant to understand that this “chance” is not like gambling, but immigration laws which available for anyone and can be calculated based on your personal factors in immigration journey. 

Right? 

[Boiler 43,450]

If you use Ap your are paroled in, NOT admitted.

 

QED

[Andsco 89]

22 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

I was left to sit down for 2 hours while the officer processed at least 30 to 40 people in front of me. I remember people asking "why are you not processing her?" and he kept saying "soon". Finally after that long he kept playing it "cool" but still, he left me there for 2 hours. On top of that, every time I said why I went back (4 days!!!) to my country (I had to show up for exams because I study online) he kept twisting my words (like he wanted to understand the wrong thing or something).  I am not traveling anymore until I get my green card, that's for sure.