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Traveling after Unlawful Precense with Advanced Parole

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  • #16
    Originally posted by gaps0214 View Post
    For other references I found this in the eTA website "The ETA Expansion Eligibility" Subsections R7.01(1) and (2) expand the eligibility criteria of the eTA requirement to allow certain foreign nationals who meet specific conditions to apply for an eTA. These foreign nationals may apply for an eTA only if they are travelling to Canada by air and if, at the time of application, either of the following applies: they have held a Canadian temporary resident visa (TRV) in the past 10 years OR they hold a valid U.S. nonimmigrant visa (NIV). If such an individual does not meet the eligibility requirements listed above and is not a U.S. lawful permanent resident (that is, a green card holder) they are not eligible to apply for an eTA. They must then be in possession of a valid TRV to travel to or transit through Canada. If a foreign national holding an eTA on the basis of eTA expansion eligibility is travelling to or transiting through Canada by a means other than air, they must have a valid TRV".
    I am fortunately still a holder of a valid US NIV, so as you can see I am trying to get validation for my understanding of this rule.
    That only applies to nationals of Brazil. And a Brazilian filling out the eTA application is not asked for a "USCIS number" as far as I can tell.

    The only case when you are asked for a "United States lawful permanent resident alien registration card (Green Card) number" is if you answered "Yes" to the question asking whether you were a US permanent resident, and if you did that, it would have been incorrect as you are not currently a US permanent resident. There is no case where it asks for an A number from an EAD.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #17
      Originally posted by BayAreaCaliAOS View Post
      Please keep us updated if you ever go on a trip.
      I just came back from my trip to Costa Rica, 17 days. I didn't have any problem at CR airport as they scan the card as it was a green card. On the fortlauderdale airport I couldn't use the machines so the lady told me to go straight forwards with the officer. He just asked me if i haven't received the GC yet and then walked with me thru the secondary inspection room where I just spent 3 minutes till they stamp my passport with a Parole! Everybody were really friendly and respectful! Very nice experience using my Advance Parole
      Concurrent I-131, I-485(I-693), I-765 *no lawyer* by Cuban Adjustment Act (CAA)
      3/26/18 From Miami
      4/1/18 Received
      4/09/18 Credit Card Charged
      4/10/18 NoAs text & email
      4/14/28 NoAs mail I-797C
      4/27/18 Biometrics for 5/8/18
      4/30/18 Early walk-in for Biometrics
      5/1/18 Fingerprints received (by Level 2) I485 status never changed from "finger fee received"
      9/12/18 Case Approved I765 & I131
      9/19/18 Combo Card in hand
      9/22/18 SSN in hand
      1/15/19 Case Approved I485 (Interview waived)

      Comment


      • #18
        Originally posted by krlosrb View Post
        I just came back from Cancun and I got in to the country using the Advance Parole.
        It was so easy and I didn't have problem at all.

        I had my old passport (with visa), the new one and the EAD Card with Parole.
        I showed all those passport and the card. The officer asked me why I was holding the old one. I explained about the visa and she said that I won't need that passport anymore.
        She collected my fingerprints and handled my EAD and the passport to another officer. He took me to a separated room where I waited for about 15 minutes. They called me, gave me the passport with the EAD and he said that I was free to go. They didn't ask me anything.
        Hi! I am planning to travel next month with my AP card, I was wondering do they stamp anything in the passport after admitting you on advance parole? thanks

        Comment


        • #19
          I?m travling to my homecountry in 2 weeks afteryears
          of overstaying here. I?ll be using my combo card.
          Im super excited and anxious at the same time.
          Anybody else who recently used their AP?
          B2; AoS; Same-Sex Marriage:USC
          FO SanFrancisco

          3/30/18 PD
          4/20/18 Received 4 letters
          5/04/18 Walk In Biometrics
          5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
          9/08/18 New card being produced-CaseTracker
          9/11/18 EAD/AP approved-uscis.gov
          9/12/18 Received tracking number for EAD/AP card
          9/14/18 Received EAD/AP
          9/17/18 Received Social Sec card
          2/17/19 Traveled abroad
          3/04/19 Paroled back in country using EAD/AP
          3/11/19 Submitted renewal of EAD/AP

          Comment


          • #20
            Originally posted by BayAreaCaliAOS View Post
            I?m travling to my homecountry in 2 weeks afteryears
            of overstaying here. I?ll be using my combo card.
            Im super excited and anxious at the same time.
            Anybody else who recently used their AP?
            Ah! Why would you risk that?? AP does NOT guarantee you entry into the US. Esp. after unlawful presence! You may get back in, sure, but what if you can't? Why not wait for the GC? Only a few months' difference..
            2/20: Received at Chicago lockbox
            4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
            4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
            4/19: Request to expedite EAD
            5/11: Received EAD
            6/26: Applied for Advance Parole
            8/09: Advance Parole approved
            8/29: Scheduled for Interview
            10/11: Interview
            10/12: RFE on I-130 (misplaced G28)
            10/16: Sent new G28
            10/19: Approved!

            Comment


            • #21
              Originally posted by ember View Post
              Ah! Why would you risk that?? AP does NOT guarantee you entry into the US. Esp. after unlawful presence! You may get back in, sure, but what if you can't? Why not wait for the GC? Only a few months' difference..
              But there is no reason why unlawful presence should matter for whether they are parole on an AOS-based AP. Whether to parole you is technically at the discretion of the officer for everybody using AP.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #22
                Originally posted by ember View Post
                Ah! Why would you risk that?? AP does NOT guarantee you entry into the US. Esp. after unlawful presence! You may get back in, sure, but what if you can't? Why not wait for the GC? Only a few months' difference..
                SF?s processing time is 1 year and half to almost 3 years.
                B2; AoS; Same-Sex Marriage:USC
                FO SanFrancisco

                3/30/18 PD
                4/20/18 Received 4 letters
                5/04/18 Walk In Biometrics
                5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
                9/08/18 New card being produced-CaseTracker
                9/11/18 EAD/AP approved-uscis.gov
                9/12/18 Received tracking number for EAD/AP card
                9/14/18 Received EAD/AP
                9/17/18 Received Social Sec card
                2/17/19 Traveled abroad
                3/04/19 Paroled back in country using EAD/AP
                3/11/19 Submitted renewal of EAD/AP

                Comment


                • #23
                  In response to the risk question, the whole point of being approved for an EAD/AP combo card means that your parole into the country will be approved. That?s the whole point of applying and being approved... If it helps, I used my AP that I got through having DACA approval to travel back to my home country (humanitarian reasons to visit my sick [now passed away] grandmother) and made it back into the US just fine. The experience was smooth and relatively short... Upon entering the non citizen line at the airport, (btw my USC husband was with me) I was sent to the secondary inspection area and had to wait maybe 30 or less minutes while the officers processed other people, but then I was called to the officer, he looked at my passport and my AP document and he gave me the parole approved stamp on my passport. On my passport the parole was approved for only one day. Just be respectful and friendly... even if the wait is long. The CBP officer has sole discretion of whether or not to let you in, so it would behoove you to be respectful. Unless you commit a serious felony from now until you leave, your should be fine. I did read on another forum here that an AOS applicant using their combo card stood in the citizen line with their USC spouse upon re-entry and that was ok too.

                  I will say, that it was probably more of a risk to use the AP through DACA because it was uncharted waters as DACA was new, and another officer at the inspection didn?t know about it and was asking the officer who was handling my passport about what does it mean, and what to do with it. The I-512 (EAD/AP card) has been around and has been standard for AOS applicants. You should have no problem. Good luck! Let?s cross our fingers that our interviews are schduled soon...I checked the USCIS processing times and SF has moved up in the processing time! So it seems to be moving along...


                  Originally posted by BayAreaCaliAOS View Post
                  SF?s processing time is 1 year and half to almost 3 years.
                  Last edited by keldreams; 02-03-2019, 03:48 AM.
                  DACA approved: 12/2014
                  I-485, I-130, I-131, I-765 apps. sent: 6/28/2018
                  NOA receipt notices received: 7/13/2018
                  I-485- Case ready to be scheduled for an interview.: 8/1/2018
                  I-765/I-131- Card received.: 10/26/2018
                  11/5/19- INTERVIEW SCHEDULED/NOTICE LETTER RECEIVED!
                  12/9/19- Interview/approval on same day/card being produced.
                  12/12/19- (email) GC being mailed to me notice received.
                  12/13/19- (email) USPS picked up card in mail.
                  12/14/19- GC delivered.

                  Comment


                  • #24
                    Whit my I-485 ready to schedule for an interview as of July 11, 2018, I applied for My EAD on On November 16, 2018, (which is still pending via NBC.)

                    If I was to apply for AP now would the fee also be waved again?
                    Is it a good idea to apply now or should wait to receive my EAD card first?

                    NOTE: I have overstayed on a B1/B2 visa for over 10 years now, came here at 17 years old.

                    Comment


                    • #25
                      Originally posted by Nyc_2018 View Post
                      If I was to apply for AP now would the fee also be waved again?
                      It's still free

                      Originally posted by Nyc_2018 View Post
                      Is it a good idea to apply now or should wait to receive my EAD card first?
                      There is no reason to wait. They will come separately anyway.

                      This is my personal opinion and is not to be construed as legal advice.

                      Comment


                      • #26
                        I posted my recent experience traveling abroad using my combo card with a history of unlawful presence.
                        Check post below.
                        B2; AoS; Same-Sex Marriage:USC
                        FO SanFrancisco

                        3/30/18 PD
                        4/20/18 Received 4 letters
                        5/04/18 Walk In Biometrics
                        5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
                        9/08/18 New card being produced-CaseTracker
                        9/11/18 EAD/AP approved-uscis.gov
                        9/12/18 Received tracking number for EAD/AP card
                        9/14/18 Received EAD/AP
                        9/17/18 Received Social Sec card
                        2/17/19 Traveled abroad
                        3/04/19 Paroled back in country using EAD/AP
                        3/11/19 Submitted renewal of EAD/AP

                        Comment

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