Entry on advance parole with minor unlawful stay

[tudon]

I am married to an American and am waiting for my green card. I have an EAD and an advance parole document. I was previously on an L1 and got laid off. I filed my I-485 (adjustment of status based on marriage) within 15 days of termination. I need to travel abroad . Will I face a problem when reentering? I.e will the 15 days be considered unlawful stay?

[newacct]

I am married to an American and am waiting for my green card. I have an EAD and an advance parole document. I was previously on an L1 and got laid off. I filed my I-485 (adjustment of status based on marriage) within 15 days of termination. I need to travel abroad . Will I face a problem when reentering? I.e will the 15 days be considered unlawful stay?

You have no issues.

1. There needs to be 180 days of "unlawful presence" for your leaving to trigger an unlawful presence ban. You don't have that.
2. According to Matter of Arrabally, leaving while on AP does not trigger the unlawful presence ban at all, so it's still okay no matter how long of "unlawful presence" you have.

[Speshul Kay]

Traveled on AP but my underlying I140 and I485 got denied while overdeas

Does anyone have any advice on whether I can still be paroled back after the underlying i140 and I485 were denied? I called the US embassy in Switzerland and they said to still return using the valid combination EAD/AP card

[newacct]

Does anyone have any advice on whether I can still be paroled back after the underlying i140 and I485 were denied? I called the US embassy in Switzerland and they said to still return using the valid combination EAD/AP card

Highly unlikely. Why was it denied? Can you get it reopened?

[Speshul Kay]

Thanks for your response

I self filed as a person of exceptional talent and I appealed but lost on appeal. I'm married to someone who has a greencard through asylum and we have a pending I730 application for derivative status as well as another I-485 filed based on his own LPR status. AP essentially just works to allow you to board and travel and request to be paroled back in, correct? If so does it not still allow me to do so and have a good chance of being paroled based on my other pending applications?

[Speshul Kay]

Update: Returned using my AP

I returned using my AP despite the fact that the underlying I-485 was denied. However, the fact that I still had another pending application allowed the immigration officer to parole me in. Btw this was despite the fact that at the time USCIS had sent me a Notice of Intent to Deny the only pending application. However it was still a pending application and that was all that mattered. Hope this is of some use to someone else.

[mrsdoh]

advance parole with 89 day over stay

Hi all. I need some advice about using advance parole for a short visit home (non-emergency).

I entered the us on the visa waiver program last year , intending to stay 2 weeks . Things changed and I ended up staying and marrying my husband . My stamp expired on 20 November 2016 and we filed i130/485 and all the other relevant paperwork as well as i131 advance parole on 17 February 2017, meaning I had an over stay of 89 days. Is it safe for me to travel using my ead/ap combo card to visit my family without incurring a ban, as the ban only kicks in after 180 days ? If they were to deny me entry, on what basis would it be? I have no over stay/nothing on my immigration record, and no criminal record or any other grounds for inadmissibility, so I cannot file a I601 waiver as I do not qualify to do so. I have a SSN and own a home in the USA with my husband. I'm trying to prepare for any case scenario at this time before I travel. There is a lot of misinformation regarding advance parole out there so I am trying to get a clearer picture. Lawyers have given me mixed answers, mostly saying I am safe to travel. Has anyone used advance parole for non-emergency purposes and if so, what questions did they ask? Id appreciate some positive stories about it ! I'm planning on leaving on wednesday for a week as I haven't seen my family in almost a year.

Thank you!

[inadmissible]

Hi all. I need some advice about using advance parole for a short visit home (non-emergency).

I entered the us on the visa waiver program last year , intending to stay 2 weeks . Things changed and I ended up staying and marrying my husband . My stamp expired on 20 November 2016 and we filed i130/485 and all the other relevant paperwork as well as i131 advance parole on 17 February 2017, meaning I had an over stay of 89 days. Is it safe for me to travel using my ead/ap combo card to visit my family without incurring a ban, as the ban only kicks in after 180 days ?

Parole is at the discretion of the CBP officer at the port of entry

That said, you are not statutorily inadmissible. Even if you had accrued more than 180 days of unlawful presence, you would not trigger the bar of inadmissibility upon departing the United States with approved Advance Parole

[newacct]

Hi all. I need some advice about using advance parole for a short visit home (non-emergency).

I entered the us on the visa waiver program last year , intending to stay 2 weeks . Things changed and I ended up staying and marrying my husband . My stamp expired on 20 November 2016 and we filed i130/485 and all the other relevant paperwork as well as i131 advance parole on 17 February 2017, meaning I had an over stay of 89 days. Is it safe for me to travel using my ead/ap combo card to visit my family without incurring a ban, as the ban only kicks in after 180 days ?

Yes. You have under 180 days, and even if it's over 180 days, or even years, it wouldn't trigger a ban.

If they were to deny me entry, on what basis would it be? I have no over stay/nothing on my immigration record, and no criminal record or any other grounds for inadmissibility, so I cannot file a I601 waiver as I do not qualify to do so.

Well whether to parole you is technically at the discretion of the immigration officer, so I guess they can just decide not to parole you. But I have not heard of them ever doing this if you have a valid AP, your left after the AP was granted, and your AOS hasn't been denied. But who knows what can happen under Trump.

Has anyone used advance parole for non-emergency purposes

Yes, lots of people do this.

and if so, what questions did they ask?

Nothing, really. You just wait with other people in secondary, and when they get to your case, they check that your AOS is still pending in the computer, and then they parole you.