Originally Posted by Fpan87 (Post 564694)

I'm currently scheduled for AP on the 17th and my attorney had told me its okay to depart even though I had a previous removal order. I asked her if she's sure and she told me its okay and her previous clients had done the same and returned safely. Just wanted to gather a little more information if anybody had traveled with DACA AP and had returned without trouble with an existing removal order that hasn't been executed.

Originally Posted by Fpan87 (Post 564951)

I just landed tonight after spending a week in Asia and got paroled without any problem. Back in the USA now =D

Info on background:

1) Existing Final Removal Order - issued but never executed
2) Daca Recipient - Renewed Once
3) Approved AP Travel

Originally Posted by Demise (Post 564930)

There's 2 threads in the News Room regarding someone that did travel on AP with a removal order. She was ultimately paroled back in however ICE wants to remove her since she did execute her removal order and as such rendered herself inadmissible under INA 212(a)(9)(A)(ii).

Matter of Arrabally didn't answer the question whether or not travel on AP with a removal order is safe, because the case never asked that question.

Anyways, the current assumption is that travel on AP with an outstanding order equals self-removal. You might be paroled back in, and when it's time to file for your green card USCIS will notice you left with a removal order and are inadmissible. You might be able to include an I-212 waiver with another AOS application but I-212 cases are never easy, or you'll have to go through the courts to have them hold whether travel on AP with a removal order is safe.

Want my advice - don't travel unless you re-open and get the proceedings administratively closed or terminated.

Originally Posted by Fpan87 (Post 564965)

I was a little skeptical at first, but my attorney assured me that its very safe. She told me there's never 100% but the risk is very little and that its worth it given that I need to cure my EWI.

I also did a little research on my own prior to leaving just to maintain my own sanity. These were my findings:

1) USCIS's Memo concluded that arriving aliens are not automatically inadmissible with removal orders.

2) Prior Executed Removal Order - If you were previously removed from the USA, then you are indeed inadmissible cause you've triggered the ban already. DO NOT TRAVEL if you were previously removed physically. (Such as the case recently when the Mom traveled and were not admitted)

3) Make sure you have a clean record; if you have any criminal records, that might be grounds for inadmissibility.

4) It was also recently revised that traveling on Advance Parole does not trigger unlawful presence bar and does not constitutes as a "Departure" from the USA.

5) I also cross referenced with other law firm. They also said that a prior removal order should not affect arrival parolees as long as the order wasn't executed already.

After confirming the previous items, I was a little more sure about leaving the country. Of course there were still moments of doubt but it had to be done. But my arrival back in the U.S. was very smooth.

They called me up to the booth to do finger prints and have my pictures taken. Then the agent told me to follow him into a separate room, Admissibility Review room. At this point I was a little nervous but given that I arrived later on at night, only 2 people were ahead of me. I waited no longer than 15 mins and my documents were done. Walked to baggage claim and my wife was outside waiting for me. Phew, what a relief.

Of course, if you're in similar shoes as me, consult an attorney prior to departing. They will run your record to make sure nothing inadmissible will come up. If they tell you it's safe, you're probably in the 90% or higher chance or being re-admitted.

Don't let the others scare you into thinking as long as you have a prior removal order, you will not be admitted. That is not the case. Just remember though, if you were previously physically removed, then you are indeed inadmissible.

Good luck to the rest of you.

Originally Posted by anitagreencard (Post 564964)

Sidetracking a bit here - What if you're married to USC and trying to adjust? Is the process to re-open an close complicated? Is it something we can do on our own?

Originally Posted by Demise (Post 564988)

Parole is not admission, therefore you can be paroled back in even if inadmissible. This actually happened to Arrabally, she traveled numerous times on Advance parole while waiting for her retrogressed 245(i) adjustment application. CBP always let her in, and when her priority date became current again that's when USCIS turned around and said "you triggered the 10 year ban, we have to deny you".

Arriving aliens in removal proceedings (which includes those with not-yet executed removal orders), are eligible to adjust status regardless of the proceedings. So you can file I-130, I-485, etc with USCIS without needing to reopen said proceedings, but don't be surprised if your I-485 is denied because USCIS decides that you executed the removal order and you'll have to refile/reopen your I-485 and include an I-212 waiver.

Anyways, care to link me to the memo you listed in item #1, because I think you might've misread it.
I think you're referencing the memo from 2007 regarding eligibility of arriving aliens in removal proceedings to adjust status in US. Which really comes from multiple law conflicts, one part said that an alien lawfully admitted or paroled can adjust status, another one that gives immigration courts the jurisdiction over the AOS application of aliens in removal proceedings, and yet another that denies judicial review to arriving aliens. The old regulation was that an arriving alien in removal proceedings cannot adjust status at all. Then there came 6 different class action lawsuits in 6 different circuits, 4-2 split between striking down and upholding the regulation. So USCIS pulled it and issued a new regulation: Arriving aliens in removal proceedings can adjust status, but only via USCIS, and they cannot have their applications reviewed by immigration courts with the sole exception of having I-485 pending, and using advance parole during, only for that one I-485 and no subsequent ones.

Still, this memo requires the alien to be otherwise eligible to adjust status in US (via 245(a) or 245(i)). So if USCIS rules that AP travel with a removal order = self removal = 10 year ban, then you will need a waiver, which may or may not be approved.



Personally I'd hire a lawyer for anything involving immigration courts. Depending on the circumstances of the removal order you'll either petition the court or the BIA for reopening, or you'll contact ICE regarding a joint motion to reopen proceedings. Regardless of the circumstances you'll have to attend at least one court session where you'll seek termination of the proceedings. Argument basically being: I have a pending/approved I-130, I'm a visa overstayer, I am married to a US citizen, and I'm eligible to adjust status. I want to file I-485 for adjustment of status with USCIS. If the court refuses to terminate then you file I-485 with the judge directly as a relief from removal.
Actual argument may be different depending on the actual facts of the case.

Originally Posted by Fpan87 (Post 564996)

Hey Demise,

Very informative post.

The reason I gave an update is because there are a lot of DACA receivers who are currently afraid to travel because they have a previous removal order. The purpose of this thread is solely to reassure them that it is somewhat safe. I know I had this thread opened before I traveled hoping someone like you would have came along to reassure me, but nada. Everywhere I read they said "dont' travel, you won't get back in"

P.S. Always consult an attorney

Originally Posted by hannme (Post 618770)

Hey everyone,

I've been following this forum for a long time, trying to decide whether or not to travel with advance parole. I finally took the leap. Seeing so many people on here share their experience helped me build up the courage to go, and it WORKED! Here's my situation:

1998 - voluntary departure order - turned to alternative order of removal because I never departed
2013 - granted DACA (renewed twice now)
2016 - I-130 granted (USC wife)
Jan 2017 - granted AP based on employment-related travel, valid for multiple entries.
June 2017 - motion to reopen with EOIR denied (ICE opposed)
July 8, 2017 - departed LAX to Mexico City
July 10, 2017 - arrived at LAX at approx. 5pm Monday evening, and entered with Advance Parole!

So, I did all of this after consultation with several attorneys, and I have no criminal record. But I also had an attorney on standby at the airport with a G-28 in hand in case things went wrong. We also found AILA-CBP liaison meeting notes (online) in which CBP said their policy was to process AP as normal as long as the prior order was issued before AP was issued. Nonetheless, coming back in I was ready with all kinds of proof I had been there on business, and deleted my email and social media apps in case they decided to search my phone. As it turns out none of that was necessary. Coming in was pretty easy. I first went to the little booth with a female CBP officer. She was nice, asked why I was traveling and how long I'd been there. She took my fingerprints and photo, then she said I had to go to secondary. I tried asking if my wife could come with me, but she said no and that it should be fast because there weren't a lot of flights coming in at that time. She took me to a room that's off to the side with a big waiting area that was pretty empty. There another officer took my forms, saw that I had DACA and AP with multiple entries and commented that he had never seen anyone with DACA get multiple entries before, so he asked what kind of work I do. So I was just making small talk, telling him about what I do while he was typing some things into the computer. Within 15 minutes my form was stamped and I was good to go!

It is still so surreal that I went back to Mexico after 25+ years. Now I can finally take the next steps to apply for the green card!! But, my advice would still be that you all should be careful. Under the current administration things can change at any time, so just keep your eyes on the most recent developments and have a backup plan ready.