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DAP Forums > DREAM Act > The Lounge

Back in US after travelling with Advance Parole with deferred action - Page 12

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#111
03-17-2014, 09:15 PM
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Krewzz
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Does it make a difference if one has a submitted I-130 or no when entering the country with AP. My wife is a US Citizen and I have two kids who were born here.

My concern is that we have not submitted a I130 and we are planning on leaving to Mexico next month but I have heard of many people who traveled had their I130 either approved or in process so the immigration officers stamped their AP as AOS. but some have said they have the AP stamped as DACA. will that matter when trying to adjust status?.

Should I Send my I130 before leaving the country??
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#112
03-17-2014, 09:36 PM
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It shouldn't matter,the only thing that really matters is that the AP is valid for the purpose sought when you are about to travel.
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#113
03-17-2014, 09:54 PM
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What do you mean AP valid for the purpose sought when I'm about to travel??
I have AP approved already for humanitarian reasons.
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#114
03-17-2014, 10:29 PM
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Quote:
Originally Posted by Krewzz View Post
What do you mean AP valid for the purpose sought when I'm about to travel??
I have AP approved already for humanitarian reasons.
You don't need to submit the I-30 to leave with AP. In our case, AP actually changed my wife status to having entered back legally which allowed us to submit the I-30 after we came back with AP. Because you have to send a copy of the stamped passport with your I-30, you might want to wait until you return.
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#115
03-17-2014, 10:41 PM
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Quote:
Originally Posted by j_cis1011 View Post
You don't need to submit the I-30 to leave with AP. In our case, AP actually changed my wife status to having entered back legally which allowed us to submit the I-30 after we came back with AP. Because you have to send a copy of the stamped passport with your I-30, you might want to wait until you return.
ok thanks for making that clear. so did your wife get the i94 when she came back? how do you get that form do I have to download it and take it with me?
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#116
03-17-2014, 11:00 PM
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Quote:
Originally Posted by Krewzz View Post
ok thanks for making that clear. so did your wife get the i94 when she came back? how do you get that form do I have to download it and take it with me?
To my knowledge, it's done electronically now, so you don't need to print it out. All you really need is your AP letter and your passport.
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#117
03-17-2014, 11:04 PM
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Also it would be wise to save your airplane boarding pass for "records" if you plan to submit an I-30 upon returning. You have to put the dates that you left and returned in your application and they will also ask you about it in the interview. You don't necessarily need to send a copy of them, but it helps you to remember the dates of your most recent departure and entrance.
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#118
03-17-2014, 11:07 PM
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Quote:
Originally Posted by j_cis1011 View Post
To my knowledge, it's done electronically now, so you don't need to print it out. All you really need is your AP letter and your passport.
thanks for your help!
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#119
03-20-2014, 11:01 PM
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Originally Posted by EmEm View Post
Sorry I should have included that - I applied September 9 and received a decision on October 2nd. the AP forms arrived by mail on oct 6.

my form was processed in the Texas service center.

I submitted everything needed and they did not need any other proof

Let me know if you want to know anything else

ps. you can always check the status of your case online at www.uscis.gov and use the receipt number on the form you receive fro USCIS (it starts with SRC ####)
so they didnt ask to provide them with any proof for humanitarian reasons?
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#120
03-20-2014, 11:06 PM
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Originally Posted by lizs0517 View Post
***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.
First all all congrats!!! what kind of proof did they ask or did you submit when you requested humanitarian AP? please let know since my mom is a U.S citizen therefore I could adjust status with her filling a petition for me.
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