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  • Using Advance Parole

    Hello,

    I've used the search function but I haven't really seen a clear answer yet.

    I applied for the AOS through marriage in February 2016 and got my Employment authorization card along with the Advance Parole on it. I just wanted to know under what ground I could be denied entry on my way back to the USA?

    Before applying for the AOS, I had been out of status for about 6 months, I have been arrested in Canada back in 2012 but wasn't convicted (minor charges and shouldn't be an issue with my application). I have an emergency back in France and would need to go back for a week in early June.

    Thanks for your help!

  • #2
    Im not sure under what grounds they have a right to deny entry, but being out of status before any applications to adjust status and not leaving the country could be one of them. Me and my Wife just returned from the Dominican and we used the AP card. She of course was never really out of status and we are now just waiting for the approval notice for the green card. Processing through immigration at the airport was a breeze and they didnt hassle us at all. She just had to go through the 2nd check for immigration and was done in 5 minutes.

    Everyone says to proceed with caution in using your AP card, as it is not a guarantee entry. So you take the risk of raising flags since you were out of status at one point. I know there is a bulletin about this out there about being out of status for a certain period of time and you can trigger the 5-10 year ban depending on how long you over stayed. I wouldnt take the risk and wait it out as much as possible.
    Marriage-based AOS- CHICAGO Concurrent filing
    08/26/2015 - Priority Date
    09/21/2015 - Biometrics Scheduled/Completed
    01/07/2016 - Interview Chicago Field Office
    03/27/2018 - Notice of Intent to Deny
    04/13/2018 - Submitted Rebuttal to NOID
    06/00/2018 - Received Approved I-130
    06/00/2018 - RFE received for updated Medical Exam
    06/12/2018 - Submitted updated Medical Exam
    07/02/2018 - Received Approval for I485
    07/06/2018 - Received Green Card in Mail

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