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-   -   Back in US after travelling with Advance Parole with deferred action (http://dreamact.info/forum/showthread.php?t=53690)

lizs0517 05-28-2013 05:36 PM

Back in US after travelling with Advance Parole with deferred action
 
***I also posted this as a reply on anthor thread, but I know how anxious I was before I left for my trip, and I was trying to find as much info on travelling with AP as possible, so I thought I'd start a new thread too, just too make my story easier to find....sorry if that bothers anyone***

Hello,

I just wanted to share my experience with travelling on advance parole.

I was EWI in October of 2000. I have been married to a US Citizen for 4 years.

I received my deferred action and EAD on December 5,2012. I applied for Advance Parole for humanitarian reasons (sick grandfather) in April,2013. My application was received on April 15 and it was approved on April 29.

Last Monday, May 20th, I went to my home country (Mexico) to visit my family, I stayed for 6 days and returned this past Sunday morning. I travelled by plane both ways through Dallas/Fort Worth International airport. When I arrived back I went to the non-citizens lane. I was asked to fill out form I-94, and then I approached the immigration officer. She asked for my visa and passport. I told her I did not have a visa, but I had an Advance Parole document, which I gave to her. She took my fingerprints and photos and interviewed me at the same time. She asked me how I got the document, and I told her I got it through deferred action and filed for advance parole for humanitarian reasons. She asked me what deferred action was, because she did not know, and I explained it to her briefly.

She asked me why I went to Mexico, and for how long, and I told her it was to see my sick grandfather, and that I was there for 6 days. She also asked if I was going to adjust status. I told her I was since my husband is a US citizen (and we have filed an i-130). She told me to adjust my status ASAP and then encouraged me to try to fix my parents' status, too. She said that I had to go into a small room and wait for my turn while my documents were reviewed. The officer was very nice, and wished me good luck.

I sat in the small room 20 minutes until another officer called my name. I went to the window where she was, and she handed me my passport and advance parole. Both were stamped with "Paroled until 5-25-14, and the I-94 was stapled to my passport.

The purpose of my trip was not only to see my sick grandfather, but also to fix my unlawful entry so that I could adjust status. I completed the entire process with help from an attorney. I had actually gone to get a consultation on the new provisional waiver process, and he suggested using advance parole to cure the unlawful entry as a faster, and easier alternative.

Before the trip, I was extremely scared to go, because I have read many posts on the internet, as well as immigration documents, that say that advance parole does not guarantee that you wil be admitted. However, although my attorney said he could not guarantee anything, he said he was very confident that I would not have problems upon my return. He said people normally only run into problems when they lie, get into trouble while out of the country, or have a criminal record. From looking at my file, he jokingly said he did not think there would be problems unless I "didn't mention that armed robbery from a few years ago."

It was a big risk to take (especially since I have two children), but it was worth it, since I will not have to file a hardship waiver, and I will hopefully get my green card before the end of the year.

I don't know if everyone will have the same luck I had upon returning with advance parole. The immigration officers marked the parole stamp with "AOS" in the purpose section for adjustment of status. So I can't say if I would recommend trying it unless you had a qualifying relative that could petition for you. But if you have a spouse or other qualifying relative that is a USC, this does seem to be relatively safe.

I also would advise you not to file for Advance Parole until you are ready to use it. I was under the impression that I would have a year to use it, and there would be no rush when I applied for it. However, the I-512L had an expiration date of May 27, 2013. Since it was approved on April 29, and I got it in the mail at the beginning of May, I was only left with two weeks to prepare and one week to travel.

Pianoswithoutfaith 05-28-2013 08:38 PM

Re: Back in US after travelling with Advance Parole with deferred action
 
Thanks for your feedback!!

anaananata 05-28-2013 09:30 PM

Re: Back in US after travelling with Advance Parole with deferred action
 
that's awesome!

Happyman0607 05-28-2013 11:04 PM

Re: Back in US after travelling with Advance Parole with deferred action
 
I would never try this unless I was EWI for the purpose of fixing the unlawful entry. Seems very sketchy but you are extremely lucky because now you're set.. You don't have to worry about CIR or any bull shit in Washington.. You're on your way to becoming a citizen.. Congrats.. Wish I was on that road too, one day though :)

SK18 05-28-2013 11:44 PM

Re: Back in US after travelling with Advance Parole with deferred action
 
AP to fix unlawful entry for AOS. Interesting.

ferchor2 05-29-2013 12:01 AM

Re: Back in US after travelling with Advance Parole with deferred action
 
good job bro.. hope your grandfather gets well soon

nydreamer 05-29-2013 01:09 AM

Re: Back in US after travelling with Advance Parole with deferred action
 
Congrats! Did you show proof of your approved I-130?

JJ Glo 05-29-2013 01:17 AM

Re: Back in US after travelling with Advance Parole with deferred action
 
Congrats on your successful trip.

Basically USCIS has already said that it's safe to travel with AP, but the change to the AP instructions/guidelines are still pending.

Skycap 05-29-2013 01:47 AM

Re: Back in US after travelling with Advance Parole with deferred action
 
This is amazing. I'm glad you made it back.

Lost Generation 05-29-2013 10:41 AM

Re: Back in US after travelling with Advance Parole with deferred action
 
Quote:

Originally Posted by JJ Glo (Post 481879)
Congrats on your successful trip.

Basically USCIS has already said that it's safe to travel with AP, but the change to the AP instructions/guidelines are still pending.

Hence why the first agent that handle his case have no clue what deferred action even is


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