Need advice regarding Advance Parole, pls!!!

[BlueOrchard]

I'm adjusting my status through marriage (USC). I got an update on my case that my EA card is in production. I got an update on my I-131 Advance Parole that my name had been changed. Okay my question is if I will be able to travel outside de US and come back if the document that I had to enter the US in the first place expired a few yrs ago. :/????? Share your experience. I really want to be present on my little sister's wedding

[newacct]

Once your Advance Parole is granted, yes.

[BlueOrchard]

Once your Advance Parole is granted, yes.

Thank you! Hopefully I receive a combo card soon! I called customer service and they said that there's no way to know if my AP was granted. So I will have to wait until my EAD arrives.

[BlueOrchard]

Once your Advance Parole is granted, yes.

Hi, just wanted to share my experience, I received a combo card ( EAD and AP) and since my Visa expired and was expired for 6 months or more they won't allow me back in the US with Advance Parole. So even though I received a combo card, I won't be able to travel abroad. I spoke directly with a CBP, since I was going to go to Mexico driving, and he explained to me that they have the decision to or not to grant parole into the US. Sadly I will.miss my youngest sister's wedding.

[inadmissible]

Hi, just wanted to share my experience, I received a combo card ( EAD and AP) and since my Visa expired and was expired for 6 months or more they won't allow me back in the US with Advance Parole. So even though I received a combo card, I won't be able to travel abroad. I spoke directly with a CBP, since I was going to go to Mexico driving, and he explained to me that they have the decision to or not to grant parole into the US. Sadly I will.miss my youngest sister's wedding.

You spoke to an idiot

[BlueOrchard]

You spoke to an idiot

Is there something I can do??? He really was very clear saying that I won't be allowed back (

[inadmissible]

Uhh why not?

[BlueOrchard]

Uhh why not?

Because he said if you fall out of status for 6+months, they won't allow you back even if you have an I 131 approved by USCIS, they won't allow it. So confusing, people get excited about getting AP approved by USCIS but then is not guarantee that they will be allowed back in the States. On my case is because of that period of time my Visa expired.

[newacct]

Because he said if you fall out of status for 6+months, they won't allow you back even if you have an I 131 approved by USCIS, they won't allow it. So confusing, people get excited about getting AP approved by USCIS but then is not guarantee that they will be allowed back in the States. On my case is because of that period of time my Visa expired.

It's the CBP officer you encounter on your way back's decision whether to parole you, but there is no particular reason why someone who has overstayed for less than 6 months before filing AOS would be treated any differently from someone who has overstayed for years before filing AOS. And I have not heard of someone being denied entry on AOS-based AP in the last few years with pending AOS that has not been denied and where they left after being granted the AP.

[coffeeaddict]

Because he said if you fall out of status for 6+months, they won't allow you back even if you have an I 131 approved by USCIS, they won't allow it. So confusing, people get excited about getting AP approved by USCIS but then is not guarantee that they will be allowed back in the States. On my case is because of that period of time my Visa expired.

Err, you totally misunderstood the CBP officer. What he was saying is that the CBP officers are the ONLY people who have the power to approve or deny entry to persons with AP at ports of entry. He is NOT saying that CBP officers automatically deny you entry if you possess valid AP. By the way, US citizens are the ONLY people EVER GUARANTEED re-entry into the US. NOBODY ELSE (even green card holders) are guaranteed re-entry. It's just a technicality though and I'm not trying to scare you with it. It is really exercised in extreme cases (for example, a man who obtained a green card through marriage is found out to have a criminal record and he never disclosed this to USCIS. They find out while he is out of the country and CBP is informed to deny him entry when he tries to return).

You are also NOT considered "out of status" if you have a pending AoS application. You are only considered out of status if you came into the US with a valid visa that is now expired and you do not have any other petitions or applications to change your immigrant status within the US.

[BlueOrchard]

It's the CBP officer you encounter on your way back's decision whether to parole you, but there is no particular reason why someone who has overstayed for less than 6 months before filing AOS would be treated any differently from someone who has overstayed for years before filing AOS. And I have not heard of someone being denied entry on AOS-based AP in the last few years with pending AOS that has not been denied and where they left after being granted the AP.

It was actually more than 6 months close to 7 that my Visa was expired before I submitted for AOS. That is why. I guess it would be too risky for me to leave the country now. Thank you so much for your feedback!!!!

[BlueOrchard]

Err, you totally misunderstood the CBP officer. What he was saying is that the CBP officers are the ONLY people who have the power to approve or deny entry to persons with AP at ports of entry. He is NOT saying that CBP officers automatically deny you entry if you possess valid AP. By the way, US citizens are the ONLY people EVER GUARANTEED re-entry into the US. NOBODY ELSE (even green card holders) are guaranteed re-entry. It's just a technicality though and I'm not trying to scare you with it. It is really exercised in extreme cases (for example, a man who obtained a green card through marriage is found out to have a criminal record and he never disclosed this to USCIS. They find out while he is out of the country and CBP is informed to deny him entry when he tries to return).

You are also NOT considered "out of status" if you have a pending AoS application. You are only considered out of status if you came into the US with a valid visa that is now expired and you do not have any other petitions or applications to change your immigrant status within the US.

Yes, I have a pending AOS case now, but before that my Visa expired and I overstayed and didn't apply for AOS until almost 7 months later. The CBP based his answer on that period of time. I guess I can take the risk and leave and hope that they won't check me on the system, but if they do see my history, they will deny my parole. Thank you Soo much for your feedback. I didn't misunderstand what he said, he literally said "on your case and history we will not allow you back." ;/

[scientist2016]

It was actually more than 6 months close to 7 that my Visa was expired before I submitted for AOS. That is why. I guess it would be too risky for me to leave the country now. Thank you so much for your feedback!!!!

Again you misunderstood what newacct was saying. Newacct said that it should not matter if you filed for AOS within 6 months of your status expiry or years after that. It is all the same as far as AOS is concerned. Also, as a previous poster explained, the only people ever guaranteed an entry to the US are US citizens. Everyone else is granted an entry only at the discretion of the CBP. Given your case (no criminal record, AOS in process, AP granted), there is no reason that you will rejected entry. For that matter you could be rejected entry even after you get your GC. In summary, technically any foreign travel for a non-US citizen carries the risk that they will be rejected re-entry.

[BlueOrchard]

Again you misunderstood what newacct was saying. Newacct said that it should not matter if you filed for AOS within 6 months of your status expiry or years after that. It is all the same as far as AOS is concerned. Also, as a previous poster explained, the only people ever guaranteed an entry to the US are US citizens. Everyone else is granted an entry only at the discretion of the CBP. Given your case (no criminal record, AOS in process, AP granted), there is no reason that you will rejected entry. For that matter you could be rejected entry even after you get your GC. In summary, technically any foreign travel for a non-US citizen carries the risk that they will be rejected re-entry.

Ok, I get it.

[coffeeaddict]

Again you misunderstood what newacct was saying. Newacct said that it should not matter if you filed for AOS within 6 months of your status expiry or years after that. It is all the same as far as AOS is concerned. Also, as a previous poster explained, the only people ever guaranteed an entry to the US are US citizens. Everyone else is granted an entry only at the discretion of the CBP. Given your case (no criminal record, AOS in process, AP granted), there is no reason that you will rejected entry. For that matter you could be rejected entry even after you get your GC. In summary, technically any foreign travel for a non-US citizen carries the risk that they will be rejected re-entry.

Exactly. If the government wanted AP to only be used by people who filed for AoS within a certain time frame, they would have made that clear in the instructions for the I-131. If USCIS thought BlueOrchard's case should not be allowed AP, they wouldn't have given it to her or other people in similar cases. If you do a search on this site, almost everyone who uses AP gets back in perfectly fine. They just get sent to secondary and asked a few more questions. Their case details don't matter that much and CBP doesn't have time to pore over the details every single time anyways.

EDIT: The post below is from another thread in the Adjustment forum (started by a Canadian lady asking a few questions about AoS). Emphasis added by me.

First part is incorrect. Once you receive Advance Parole you can do whatever the hell you want to do. Go eat tacos in mexico for a few hours or do a trip around the world it doesn't matter. The second part is correct. Officers at the POE have ultimate discretion and CAN deny entry but if you are from Canada and have never had problems with CBP before or criminal activity that you haven't disclosed there is no way you would be denied. Even people on DACA who came here illegally travel on AP successfully.