Back in US after travelling with Advance Parole with deferred action - Page 11

Originally Posted by Oleffj

Great stuff! good to hear everyone is getting good experiences from their travels. Question: When I was 10 or so my mom had the great idea to get me a passport with the info of a family friend that was my same age and she got the passport with this persons info and they took my picture and my figer prints. I know was bad on my mom to break the law but now she doesnt have to face the consequences and now I wonder if once I get ap and try to come back will this come back to bite me. Also is there a possibility that this would of came up when I went through the bio appointments and background checks?

Originally Posted by lizs0517

***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.

Originally Posted by keldreams

Hi Liz,

I'm so happy for you that your case worked out. I myself are in the same situation you were in before you were able to apply for AOS. I felt like every door was slammed shut in my face for a mistake that my parents made when I was 3 years old by brining me into the country illegally. However, I moved on with life as best I could and have supported myself despite my parents moving back to their country.

I have been with my husband who is a USC for over 6 years and we recently got married last year. Obviously our marriage is not a sham one and I was wondering if getting AP under DACA approval would work for legal entry to be eligible for AOS. I read up on the case of Arrabelly and Yerrabelly and came to the conclusion after reading the court documents that the ruling goes that the 3/10 year bar would not be applied to someone with an approved AP. However, from reading a discussion between the AILA and USCIS that the USCIS response was that they would further announce their conclusions in the future on application of Arrabelly and Yerrabelly to a DACA case.

I haven't yet spoken in detail to an attorney nor have I applied for DACA. I definitely qualify for approval for it but was unsure if it was beneficial to me since it is a two year renewal term and I have already built a career for myself. Somehow my parents were able to get a legitimate SS # and a valid driver's license by paying different people. I have always paid my yearly taxes.

Reading your story gives me hope that I will also be able to be eligible for AOS by the legal entry given my DACA AP. Where do you reside and who was your attorney??