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Paula111

Advanced Parole 2019 and unlawful status

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Posted (edited)

Hi I was granted advanced parole travel document after I filed for adjustment of status throu marriage, many years after I overstayed my old J1 visa, I think more than 10 (no 2 years rule).

I must now urgently travel home to cure a rare disease that has no treatment in the US. While my I 485 is pending.

My question is will I experience complications at the port of entry when back?

I already know of the 3/10 years bar could be possible, but does it actually ever happen? 

I need real people experiences please

Edited by Paula111

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Matter of Arrabally would prevent the leaving of the US (with a valid AP document) from incurring a bar due to unlawful presence.


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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2 minutes ago, geowrian said:

Matter of Arrabally would prevent the leaving of the US (with a valid AP document) from incurring a bar due to unlawful presence.

For my info only .. would the overstay have been considered in the processing of the AP concurrent with AOS.. and could it have caused a denial at that time? or not ? 

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Posted (edited)
6 minutes ago, geowrian said:

Matter of Arrabally would prevent the leaving of the US (with a valid AP document) from incurring a bar due to unlawful presence.

Thank you I read that pdf too. Sounds great!

Edited by Paula111

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1 minute ago, Lil bear said:

For my info only .. would the overstay have been considered in the processing of the AP concurrent with AOS.. and could it have caused a denial at that time? or not ? 

The unlawful presence would not be an issue as the immediate relative of a USC with a pending I-485. That is something that they would have considered in determining if the I-485 was (at least at face value) properly filed and I-131 subsequently approved.

 

The bar is only incurred upon "departure" from the US. Matter of Arrabally went a lot into what is classified as a "departure", but the long and short of it is that the BIA determined that one does not become inadmissible due to unlawful presence for a trip taken while in possession of a valid AP document.


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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4 minutes ago, geowrian said:

The unlawful presence would not be an issue as the immediate relative of a USC with a pending I-485. That is something that they would have considered in determining if the I-485 was (at least at face value) properly filed and I-131 subsequently approved.

 

The bar is only incurred upon "departure" from the US. Matter of Arrabally went a lot into what is classified as a "departure", but the long and short of it is that the BIA determined that one does not become inadmissible due to unlawful presence for a trip taken while in possession of a valid AP document.

Thank you so much!

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Expect secondary inspection. Technically there is a very low risk of CBP denying re-entry since only US Citizens and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry.

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10 hours ago, geowrian said:

The unlawful presence would not be an issue as the immediate relative of a USC with a pending I-485. That is something that they would have considered in determining if the I-485 was (at least at face value) properly filed and I-131 subsequently approved.

 

The bar is only incurred upon "departure" from the US. Matter of Arrabally went a lot into what is classified as a "departure", but the long and short of it is that the BIA determined that one does not become inadmissible due to unlawful presence for a trip taken while in possession of a valid AP document.

 

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Weren't Arrabally and Yerrabelly already admitted back in the US by CBP and then denied by USCIS? They then appealed that decision once back in the US with USCIS and won?

If so that BIA does not apply to my case, my problem is getting back into the country safe without being turned away at port of entry because of unlawful presence:( 

I am afraid CBP would be allright with 1 or 2 years overstay, but I have exactly 16 years of overstay..

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5 hours ago, Paula111 said:

Weren't Arrabally and Yerrabelly already admitted back in the US by CBP and then denied by USCIS? They then appealed that decision once back in the US with USCIS and won?

If so that BIA does not apply to my case, my problem is getting back into the country safe without being turned away at port of entry because of unlawful presence:( 

I am afraid CBP would be allright with 1 or 2 years overstay, but I have exactly 16 years of overstay..

The length of overstay is not a factor.

Arrabally and Yerrabelly were deemed inadmissible for more than just the unlawful presence. The BIA remanded the case back for review based on the other inadmissibility.

 

To be clear: I cannot say that there is a 100% guarantee that there will not be a problem with returning to the US. Only USCs (minor exceptions) are guaranteed entry. But there is currently no basis for the 10 year bar due to unlawful presence being asserted, and the primary risk of leaving with AP is if AOS were to be denied while abroad (i.e. missing the interview, not responding to an RFE, etc.).


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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Has anyone been denied entry into USA using AP using Matter of Arrabally? I know this came few years after 4/1/97. I was in a similar situation but my lawyer told not to apply for AP because I did not qualify even under 245i.

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I'm unaware of any such case, but cannot say with certainty that none exists.


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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15 minutes ago, Visitor User said:

Has anyone been denied entry into USA using AP using Matter of Arrabally? I know this came few years after 4/1/97. I was in a similar situation but my lawyer told not to apply for AP because I did not qualify even under 245i.

Lawyers seem to operate with an extreme abundance of caution. Easier to just say no then really look into it I guess. 

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29 minutes ago, Visitor User said:

Has anyone been denied entry into USA using AP using Matter of Arrabally? I know this came few years after 4/1/97. I was in a similar situation but my lawyer told not to apply for AP because I did not qualify even under 245i.

Let's clarify the Matter of Arrabally, well at least this is what my lawyer said.

In that case Arrabally and Yerrabelly  were not denied rentry into the Country with a valid AP, they had their case denied by USCIS once back in the States because "they had departed having unlawful presence". They appealed that decision saying they did not really "depart" since they had AP and won....

Once again they were already back in the States.

That means that an alien rentry with AP, but also with unlawuful presence, can be denied at anytime by CBP if they like to. If so the alien with a valid AP will be aloud to keep his case open, thanks to the Matter of Arrabally, throu Consular Processing. Which I heard it is a real nightmare and many times the alien s case gets denied in the end.

Did I get that right my friends?

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