advance parole with under 180 day over stay

[mrsdoh]

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!

[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.