Back in the US after traveling on Advance Parole with Deferred Action
 

I would like to share my experience traveling on Advance Parole with Deferred Action.

I came to the US in 1994 on a tourist visa. I have been married to a Permanent Resident for 4 years. I received my Deferred Action and EAD in October 2012 (applied in September 2012). I applied for Advance Parole in February 2013 and received it in April 2013. The purpose of my trip was for an internship/fellowship in South Korea for 10 weeks. My Advance Parole was valid for use from May 31, 2013 to September 24, 2013.

Last Thursday (August 15, 2013), I departed from Incheon International Airport in South Korea. At the check-in for my flight, I had to show my Advance Parole and EAD since I did not have a valid visa to travel. Upon my arrival at LAX, I went to the US Citizens/Permanent Resident lane since I was traveling with my husband (Permanent Resident) and my 3 year-old daughter (US Citizen). I showed the officer my Advance Parole document, Passport, EAD card, and Deferred Action approval document. After checking my documents, he asked me if I’m going to apply for a green card. I told him I filed I-130 (Petition for Alien Relative) and waiting to file I-485 (Adjustment of Status). He took my fingerprints and photos and sent me to another area to get a parole stamp on my passport (no longer use I-94). Another officer came to escort me to another room and I waited for about 30 minutes. One of the officers called my name and returned all my documents including my stamped passport showing “Paroled until August 14, 2014.” No questions were asked.

I am currently preparing to file I-485 as a spouse of Permanent Resident. The visa status is current as of August 2013 as well as September 2013 (meaning that Spouses of Permanent Residents no longer need to wait for available visa number) according to the Visa Bulletin.
For more information, check - http://travel.state.gov/visa/bulletin/bulletin_1360.html

Before I left the States in May, I was very anxious to find more cases on traveling on Advance Parole with Deferred Action. I never spoke to an attorney about my travel. I was extremely concerned after reading posts on the internet by immigration attorneys saying that advance parole is not a guaranteed entry in to the US. However, my travel to my home country in 20 years was worth the risk. I know I cannot guarantee anything for anyone, but just thought I’d share my experience because I felt somewhat relieved when I read a post on DAP Forum about other person's experience traveling abroad on Advance Parole with Deferred Action.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

Great story, very informative, thanks for sharing Grace. Would love to see other cases on advanced parole with people who is EWI as well as different case scenarios, glad everything turned out ok for ya

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

I have some friends that have TPS and advanced parole has worked great for them in past years.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

Be careful with that. I was considering doing something similar but because I came on a tourist visa which since expired it would of been of no help. (So I need a U.S. Citizen spouse)

If you have any illegal presence then you will not be able to adjust status in the united states as a spouse of a permanent resident.

Only marriage to a US citizen can "fix" unlawful presence. The petition will get approved but you will have to leave in order to get your immigrants visa. Which will then subject you to a 10 year ban from re-entering.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

This had me concern. Everyone who come back with AP were asked the same question. I wonder what would happen if I say no because I'm a EWI and have no way of applying for GG.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

You can always answer "Yes" midreamer, in theory we will all apply for a gc in the future if we can and grace did say the officers did not question her further after her simple answer.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

Yeah, I was going to post this. There was another thread similar to this made a few months back and the OP of that thread was also asked if she was going to adjust status and she said yes because she was married to a GC holder.

Well, she told them that she had already started the process and had filed some paperwork, so that's kinda different.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

Well, she has a lot more to back up her claim.

I don't want something like this happen.

Office: Are you going to apply for a green card?
Me: Yes
Office: How?
Me: waiting for Amnesty, baby. :)
Office: ummmmm, how about no?

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

I mean "applicant must be in the process of adjusting status to permanent residency or citizenship" is not a prerequisite for advanced parole correct? So I just don't understand how an officer asking for a positive answer to that question by force is even technically necessary or lawful.

But take my opinions lightly because advanced parole is not something I foresee in my future.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

I was just day dreaming about traveling anyway. I don't have the courage to leave U.S. unless I'm 100% sure I can return.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

Most people that travel with advance parole are doing so while their green card petition is pending. Then there's people traveling who will be eligible to apply later on (asylum).

DACA is a new thing but it uses the same advance parole document I-512L (Authorization for Parole of an Alien Into the United States) . So that is a standard question to ask as they have seen the same form for many years prior.

Don't worry about it. USCIS just prefers to use the same form (with slightly different content) as this way it doesn't need to re-train their staff on something that is a temporary measure.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

That's the problem, if AP is mostly used under those instances, then who knows what would happen to those DACA approved who don't have a way to adjust their status since BP staff isn't trained in that.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

They don't ask you for proof of adjustment of status. And the AP version for DACA has further instructions that BP staff can read if they were confused.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

Well one problem being that leaving and re-entering on AP doesn't clear previous illegal presence, which can count as "failure to maintain continuous legal status" when it comes to adjusting via marriage to a permanent resident, if it was a citizen then it wouldn't matter.

File anyways, you're covered under DACA (so they won't chase after you) and you retain your lawful parole into US. So even if they deny the application now you'll be able to refile the moment your spouse naturalizes.

Most people who do apply for AP just get it as part of their green card application (pretty much they add I-131 to the packet because its free). However TPS and DACA beneficiaries are also able to file for AP if they can demonstrate a valid work, school, or humanitarian reason for brief travel abroad.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

good post thanks.

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

You can always say you are getting married! And now that you'd have legal entry you could adjust from here.
Not that I think it matters. I just came back in and even though Im an overstay, I have no pending i130 so I was nervous about that too. When they asked how come I don't have a GC I simply told them Iwould apply once my parents become citizens next year (they didn't even ask for proof that my parents existed!!!)

Re: Back in the US after traveling on Advance Parole with Deferred Action
 

cute.