Back in US after travelling with Advance Parole with deferred action - Page 9

I am waiting for AP approval. what questions did they ask you ?

Well being "inadmissible" does not mean they will not let you back in, you are still "paroled" in to the country you are just "inadmissible" preventing you from adjusting status. But anyway, after reading some more it looks like you would be "inadmissible" BUT if you are adjusting through marriage they will just overlook that, it's only if you are adjusting any other method (e.g. employment sponsorship) that you would be denied AOS.

The officer just asked me how long have I been in the US, where I worked, if my husband was also a DACA applicant and told him no, that he was a USC and that we had already submitted I-130. He had me fill out a form and asked for my work permit. The process was very quick but the wait was long.

I've heard of cbp asking if you will adjust status. I am wondering if saying you have a usc gf and will adjust through marriage is enough.

I got approve to travel with AP under humanitarian reasons I have until January 26 to use it but I am not sure if I will go since I'm not in the process of adjusting status nor do I have a way of adjusting status as of now.... :/ don't know what to do and I need to make a decision soon

So you'll never have the need to adjust? Why ask for advance parole to begin with if you weren't going to use it?

Did you tell your lawyer about Matter of Arrabally Yerrabelly, i thought the judge ruled that AP does not trigger unlawful presence.

Ultimately it's ones own decision whether they will depart the US with AP. The benefits outweigh the risks for those who EWI (Entered without inspection) because they will be able to adjust status in the US after coming back with the AP. We don't know how it'll affect those who legally came to the US with a visa and overstayed.

But to ease some concerns about AP. Those who left with AP have some sort of application pending with USCIS. But there are some who actually do not have applications but are otherwise in a relationship and would be able to apply in the very near future. Now, Customs isn't really concerned about you having a pending app or not; they ask because Advance Parole is given to those who have pending I-485s (Green Card App) and those who do not have visas but are given permission to Reenter the US (that is what we are). They stamp AOS (Adjustment of Status) on those with pending apps and this actually helps those with EWI because this becomes proof of legal entry.

For those who entered legally in the US this is not necessary for a Green card application, but instead just to leave the country and come back. Again we don't know the repercussions of applying for AP as a visa overstay but I imagine it being on the lines of leaving the US and reentering would count as a second entry.

Regardless of which ever you are. Advance Parole is honored by Customs and even if you don't have (and will not have in the near future) an application for a green card; they will still allow you back into the US. You may have heard stories of people being denied Reentry in the US; yes, you can get denied Reentry if you have an inadmissibility such as a drug charge, criminal charge, health inadmissibility or any other inadmissibility. That's why Customs denies entries, If they find you inadmissible to the US then they can't let you in.

Well traveling on AP is always a risk whereas there's a 99% chance you'll be allowed re-entry there's always the little chance they'll deny you and then what.

Only good thing here however is that if you entered illegally and re-enter using AP you'll be able to adjust via marriage at any time in the future.

Using AP as an overstayer doesn't change anything, instead you have your legal entry on a visa overwritten by a legal entry as a parolee.

However AP doesn't count as admission for purposes of 245(k), so AP does not open a loophole to seek adjustment via employment.

Not sure if I stated it here or somewhere else.. But it was multiple lawyers... not one that said that they don't recommend traveling as its not 99% of you coming in but rather the other way around around 1% of you coming in. I can assure you guys, that if it was that simple to just travel all of them would say yes. One of the lawyers that I asked is my family's migration lawyer. Other two were lawyers that I personally did not ask but my friends asked their lawyers to ask around.... In the end I had to double think this, and I feel all of you should as well, and can't just tell everyone to go for it because we saw 2 or 3 people leaving and coming back. If you are not EWI, and or don't have a chance of getting a greencard if you were not EWI... by leaving not leaving this country you lose nothing, where going for a week to see family well you might lose your life here.

In this day and age, there are things as Skype where you can see your family practically everyday.

I am not saying people should not travel... but at the same time I am saying please double think about your decisions.