DACA AP Travel with prior removal order - Page 2

You're very lucky that it went smoothly. We're you confident about doing this?

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?

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.

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.

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

Well good luck to you.

Anyways, since you were paroled in you're now an arriving alien as such you can adjust status without needing to reopen and terminate your proceedings. (Applicable Memo)

The million dollar question however is what USCIS will rule in your case: did your AP travel trigger the 10 year ban for deportations (INA 212(a)(9)(A)(ii)) or not. There is no policy guidance in this case, so even if they let you slide through that's not a precedent and they may deny someone else in the same case (or vice versa). In such case you'll need to refile your I-485 and include an I-212 waiver request.

So you're back in US, your EWI is cleared, but you might not be completely out of the woods yet.

Hi, I been looking a this forum for two years but never write, I don't have a deportation order but I wanted to do advance parole to visit my sick aunt in Jamaica
A little about me I came to the u s when I was 12 ewi in 2002, in 2010 I got in to a argument with my brother in law sister ( my sister husband sister) she never feel like anyone in the house could voice there opinion but her, long story short she get upset about my response to her by telling her Florida is a nicer place than new York lol , well she got so upset and take up a knife after me and was running after me , her sister stop her so then she say I am just going to get u deported so she call the cops and say I hit her which I didn't but the cop say even though she don't have no sign that I hit her he of to take me to jail because once they r call got abuse they of to take me so I said I didn't do anything to her , so then she say and matter or fact she is illegal. When she say that my poor heart fall out my body so I told the cop what happen so they take her to jail as well but she went to jail for assault with a deadly weapon and I got misdemeanor battery and I stay the night in jail my case was dismiss
So in September 2012 I apply for differed action and got approved in June 2013 I renew once and got approved again so my question is for advanced parole have anyone here travel on advance parole that was arrested before and come back , I talk to my lawyer she say it's OK to go but I just wanted to see if anyone with the same situation travel and come back, thanks in advance

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.

Well keep us updated how the AOS goes.