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Paula111

Advanced Parole and CBP and long unlawful presence

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Hi is there anyone in this forum who was granted rentry on a valid Advanced Parole by CBP after over 10 years (16 exactly ) of unlawful presence in this Country? 

I read of many being granted rentry by CBP without problems after one or two years of u lawful presence with a valid Advanced Parole document, but I havent read of anyone being granted rentry after over 10 years with no stamps on their present or previous passports..

I already know of the Matter of Arrabally but that case is different, they were already readmitted into the US by CBP and they appealed USCIS decision from here and won.

So please once again, is there anyone out there who attempted rentry into the Country on an Advanced Parole after over 10 years of unlawful presence and passed CBP inspection? 

 

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A valid AP document trumps any overstay, does it not?


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

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2 minutes ago, little immigrant said:

It should

I don't know of any case where someone (immediate relative) with a valid AP document being denied entry for previous overstay


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

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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3 minutes ago, missileman said:

I don't know of any case where someone (immediate relative) with a valid AP document being denied entry for previous overstay

Thank you, do you know how many years of overstay did they have?

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I seem to recollect a couple over 10 years.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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When you're not a citizen, the risk of being denied entry is always there. 

 

That said, you have the document that allows you to travel and it was issued precisely to let you travel. 

 

In my very personal view, what others in your same circumstances have experienced will have no weight when you try reentering, as it is always up to the CBP agent.

 

I guess what you need is reassurance, but this is a matter of weighing what's stronger: your need of traveling abroad or the fear of being denied entry. 

 

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9 minutes ago, Paula111 said:

No it does not:( not to CBP 

Then why even grant advance parole?????  I have never heard of anyone with a valid AP document being denied strictly because of previous overstay.......and I know that thousands enter with AP every year.....


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

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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2 minutes ago, missileman said:

Then why even grant advance parole?????  I have never heard of anyone with a valid AP document being denied strictly because of previous overstay.......and I know that thousands enter with AP every year.....

That is encouraging thank you!

Well it is a bit tricky, Advanced Parole can be approved by USCIS but they state the immigrant must be sure to qualify before applying for such document, at his own risk.

With unlawuful presence the immigrant does not qualify for rentry, at the discretion of CBP at port of entry.

Now, I know of plenty of ppl, like you do, who were approved for Advanced Parole and travelled with such document even if they accumulated unlawful presence, but none of them had accumulated over 10 years like me:(

Boiler is the first one I heard of.. 

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10 minutes ago, missileman said:

Then why even grant advance parole?????  I have never heard of anyone with a valid AP document being denied strictly because of previous overstay.......and I know that thousands enter with AP every year.....

I remember many years ago, before these court cases, there would be many threads on here where people could apply and get AP and then found out they could not get back in. Sort of like those leaving after having entered on a K1 and not obtained AP at all. If you applied for it and qualified you were issued it, they do not check or have any concern if you should or should not use it.

 

I did use AP but I know there is a legal view that you are silly do so, apart from anything else you are paroled in not admitted.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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