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magnoses

I-512 Advanced Parole Under Trump Administration

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Hey Guys,

 

My wife just got her EAD card with AP permission after coming to the USA on a K-1 visa. She is from Algeria, which is part of MENA. I am scared that under this administration she will be denied re-entry. I am torn apart on what to do. She misses her family so much and I want her to travel to Algeria but I don't want to risk losing her and undergoing the immigration process again.

 

I need some input. My family is deathly afraid that she won't come back and it's really giving me and her second thoughts on her visiting her family back home.

 

Is my fear and concern completely blown out of proportion?

 

What should we do?

 

Thanks for all your help.

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If your wife has a valid advance parole document, she is unlikely to have any major issues re-entering the US.  AP documents are used every day by immigrants to enter the US.  Of course, only US citizens are guaranteed entry.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Thanks for the reply missileman.

 

Are there any statistics that show AP denials by year?

 

Everyone keeps putting that disclaimer that only US citizens are guaranteed entry. But my question is:

Is it so discretionary that a CBP in a sour mood can ruin her re-entry for no reason?

 

I'm extremely paranoid as this is my wife, but she really needs to go back home for the emotional re-connection.

 

Thanks again.

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3 minutes ago, magnoses said:

Thanks for the reply missileman.

 

Are there any statistics that show AP denials by year?

 

Everyone keeps putting that disclaimer that only US citizens are guaranteed entry. But my question is:

Is it so discretionary that a CBP in a sour mood can ruin her re-entry for no reason?

 

I'm extremely paranoid as this is my wife, but she really needs to go back home for the emotional re-connection.

 

Thanks again.

CBP officers are not likely to refuse entry because of "sour mood."  The discretion to deny entry to anyone who is not a USC is there for our protection.  

 

In all likelihood, a person with a valid AP would not be denied unless something had happened in the interim since it was issued.....being placed on a watch list, being wanted for committing a crime, or saying/doing/importing something out of the norm at the POE.

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Can CBP decline entry? Yes. But there are not reported cases of them doing so for a properly issued and still valid AP. The most likely reason for refusal would be if AOS is denied while abroad (making AP invalid), they commit crimes abroad, they try to smuggle something (or someone) into the US, etc.

People travel on AP every day.


Timelines:

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

12/1/17: sent

12/14/17: 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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23 minutes ago, missileman said:

If your wife has a valid advance parole document, she is unlikely to have any major issues re-entering the US.  AP documents are used every day by immigrants to enter the US.  Of course, only US citizens are guaranteed entry.

 

Just now, geowrian said:

Can CBP decline entry? Yes. But there are not reported cases of them doing so for a properly issued and still valid AP. The most likely reason for refusal would be if AOS is denied while abroad (making AP invalid), they commit crimes abroad, they try to smuggle something (or someone) into the US, etc.

People travel on AP every day.

Is this also the case for someone who have done AOS from a B2 visa that had a over stay of over 10 years

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Just now, Ann&James said:

Is this also the case for someone who have done AOS from a B2 visa that had a over stay of over 10 years

Yup. The overstay does not incur a bar upon exit so long as you have a valid AP document, and it doesn't mean anything upon re-entry attempt. :)


Timelines:

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

12/1/17: sent

12/14/17: 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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Thanks for all of your responses guys. It makes me feel a lot more comfortable. 

I also talked to one of the lawyers on this site and he said that there is no guarantee but as long as there are no terrorist ties / crimes being committed a person should be admitted.

 

He referenced the following document:

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

 

Thanks again!

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4 minutes ago, magnoses said:

That case actually pertains to @Ann&James's question. :P


Timelines:

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

12/1/17: sent

12/14/17: 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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26 minutes ago, geowrian said:

That case actually pertains to @Ann&James's question. :P

Thank you for your answer. I was asked about this and wasn't really sure what answer to give. I have learned a lot on visajourney.

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16 hours ago, magnoses said:

Hey Guys,

 

My wife just got her EAD card with AP permission after coming to the USA on a K-1 visa. She is from Algeria, which is part of MENA. I am scared that under this administration she will be denied re-entry. I am torn apart on what to do. She misses her family so much and I want her to travel to Algeria but I don't want to risk losing her and undergoing the immigration process again.

 

I need some input. My family is deathly afraid that she won't come back and it's really giving me and her second thoughts on her visiting her family back home.

 

Is my fear and concern completely blown out of proportion?

 

What should we do?

 

Thanks for all your help.

I have travelled on AP shouldn’t be any issue for her! Check expiry before leave the country.

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17 hours ago, magnoses said:

Thanks for the reply missileman.

 

Are there any statistics that show AP denials by year?

 

Everyone keeps putting that disclaimer that only US citizens are guaranteed entry. But my question is:

Is it so discretionary that a CBP in a sour mood can ruin her re-entry for no reason?

 

I'm extremely paranoid as this is my wife, but she really needs to go back home for the emotional re-connection.

 

Thanks again.

If you're really that paranoid, you could wait until she gets a Green Card.

 

I realize that would delay her travel, but it may give everyone more peace of mind. 

 

 


K1 Timeline

5/17/2017: I-129F sent to USCIS Lewisville, Texas via FedEx Ground Shipping

5/22/2017: Received by USCIS

5/26/2017: Check was cashed; Received text (but no email) from USCIS; case being transferred to CSC
11/17/2017: NOA2 Hard Copy Received 
01/03/2018: NVC Received I-129F 
01/03/2018: Case Number Received

01/23/2018: Embassy Received
01/30/2018: Received NVC letter hard copy from NVC
02/09/2018: Medical
03/19/2018: Interview 
03/19/2018: APPROVED!
03/21/2018: Visa in Hand

06/16/2018: POE (San Francisco) 

08/04/2018:  MARRIED!

 

***************************

AOS Timeline

08/29/2018: AOS/EAD/AP sent to USCIS Chicago Lockbox via FedEx

08/31/2018: Received by USCIS 

09/04/2018: Received 3 texts from USCIS with 3 case numbers 

09/05/2018: Check was cashed

09/12/2018: Received our NOA1 hard copy via mail

09/24/2018: Biometrics Appointment

10/11/2018: Case Status updated to Ready to Schedule Interview

12/27/2018: AOS Interview Scheduled by USCIS

xx/xx/xxxx: EAD/AP combo card approved

xx/xx/xxxx: EAD/AP combo received

02/13/2019: Interview

xx/xx/xxxx: GREEN CARD ISSUED!!!

xx/xx/xxxx: GREEN CARD IN HAND!!!

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and while she waits make sure she has a good cell phone so she can talk daily on whatsapp to family and friends

she is not only homesick  but being here alone day after day with no green card to work or study or a car and info about your area,   she is lonely when u go to work

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20 hours ago, magnoses said:

Thanks for all of your responses guys. It makes me feel a lot more comfortable. 

I also talked to one of the lawyers on this site and he said that there is no guarantee but as long as there are no terrorist ties / crimes being committed a person should be admitted.

 

He referenced the following document:

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

 

Thanks again!

I have also used AP many times before I got my GC. It was a while ago, but I never had any problem either. The only thing is if you show up with an AP card, CBP will get you to secondary inspection to verify your status (I assume they check if there is still really a I-485 pending or whatever) so it take longer to get through. 

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