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DAP Forums > DREAM Act > The Lounge

Back in US after travelling with Advance Parole with deferred action - Page 2

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#11
05-29-2013, 11:16 AM
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Wow, I had no idea one could travel with AP to fix previous EWI. Now just have to finish the process of adjusting. Awesome! glad it all worked out in your favor!

I was only curious, what does it mean ""Paroled until 5-25-14" ?
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PD: 3/20/17 | BIO: 4/19/17 | EAD: 7/12/18
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APRV i-130 - i-485: 4/28/18
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#12
05-29-2013, 11:17 AM
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Quote:
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.
Wow!!! Congrats. I went to a lawyer and she told me to do exactly the same as you did. Im just wating for my deferred acction to be aprove, and them I'll apply for the advance parole. my wife just sent the i-130.
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#13
05-29-2013, 01:23 PM
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Quote:
Originally Posted by nydreamer View Post
Congrats! Did you show proof of your approved I-130?
no. my I-130 has not been approved yet. I brought my receipt for the I-130 just in case, but they did not ask for it.
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#14
05-29-2013, 01:34 PM
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Quote:
Originally Posted by ganster044 View Post
Wow!!! Congrats. I went to a lawyer and she told me to do exactly the same as you did. Im just wating for my deferred acction to be aprove, and them I'll apply for the advance parole. my wife just sent the i-130.
If someone could explain exactly how this works it would be great. I applied for deffered action and entered without inspection.. I am married to a us citizen but i would have to file a waver and leave to mexico while it gets approved. I have a daughter so i did not want to do that. If this is an option for me please let me know and i will talk to my lawyer.
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#15
05-29-2013, 02:23 PM
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Thanks for the feedback it was very informative!! It also sounds like you have a good lawyer, which is always good!
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#16
05-29-2013, 02:25 PM
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Quote:
Originally Posted by Marthaefant View Post
If someone could explain exactly how this works it would be great. I applied for deffered action and entered without inspection.. I am married to a us citizen but i would have to file a waver and leave to mexico while it gets approved. I have a daughter so i did not want to do that. If this is an option for me please let me know and i will talk to my lawyer.
With Deferred Action we are able to apply for Advance Parole. With Advance Parole, we are able to travel out of the country, but in order to qualify for Advance Parole, you need to have a valid reason to travel, not just for pleasure. It must be a humanitarian, business or educational visit.

This person traveled under humanitarian reasons because she went to go visit a sick relative. You will have to provide evidence of this when applying for Advance Parole, like a letter from the sick relatives doctor or medical records of their condition. You would also have to show evidence if you wanted to travel under business or educational reasons.

Once she was granted Advance Parole, she was able to leave the country without triggering the 3/10 year bar from re-entry because she left with permission and therefore her prior Unlawful Presence had no effect on her departure.

When she came back to the United States, she came back with the Advance Parole document, which means that she was able to be paroled back into the United States and she was admitted back in lawfully, unlike her prior entry, which was Entry Without Inspection.

Since she was able to enter lawfully with Advance Parole, she can now adjust her status as if she had entered with a VISA.
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Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
Last edited by JJ Glo; 05-29-2013 at 02:28 PM..
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#17
05-29-2013, 02:38 PM
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I ready somewhere that advance parole doesn't always guarantee re-entry? Is that true?
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#18
05-29-2013, 02:44 PM
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Quote:
Originally Posted by Marthaefant View Post
I ready somewhere that advance parole doesn't always guarantee re-entry? Is that true?
Well, it's the same thing as a VISA. A VISA doesn't guarantee re-entry if you have committed something that makes you inadmissible.

As of right now, the Advance Parole guidelines state that if you have been Unlawfully Present in the U.S, you can be denied re-entry with Advance Parole, but as you can see, people have traveled with Advance Parole and have been admitted back.

USCIS is requesting a change to the guidelines which would make it so that Unlawful Presence isn't something that we can be denied re-entry from.

This change hasn't been made yet, that's why it's a little risky to travel with Advance Parole right now.
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Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
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#19
05-29-2013, 04:43 PM
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That is great news! I am so happy it worked out for you! do you have a copy of the letter you sent to USCIS? I want to visit my grandparents because they are old and sick, I have not seen them in 11 years. But it's not like they're about to die. It would be cool if you shared your letter with us so we can get an idea as to what some have used to get approved.
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Self filed AOS │Apps Received By USCIS - 05/30/19
Biometrics Done - 06/21/19 | Interview Scheduled - 1/31/20
Interview Date - 3/16/20 | AOS Approval - 3/17/20
Green Card Received - 3/23/20
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#20
05-29-2013, 05:25 PM
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Quote:
Originally Posted by eRkah View Post
Wow, I had no idea one could travel with AP to fix previous EWI. Now just have to finish the process of adjusting. Awesome! glad it all worked out in your favor!

I was only curious, what does it mean ""Paroled until 5-25-14" ?
It means the individual has until that time period to be able to return to the US.If they go over their authorized return becomes null and void trapping the individual in the country traveled to.
Quote:
Originally Posted by Marthaefant View Post
If someone could explain exactly how this works it would be great. I applied for deffered action and entered without inspection.. I am married to a us citizen but i would have to file a waver and leave to mexico while it gets approved. I have a daughter so i did not want to do that. If this is an option for me please let me know and i will talk to my lawyer.
Check here concerning this.There were some pretty extensive talks concerning this last year.

On the topic at hand,I'm glad to see CBP not being too strict about re-entry concerning those under Advanced Parole.I think there have been about 5-7 individuals here who have indicated they have returned already so this could be somewhat safe.
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Last edited by Ianus; 05-29-2013 at 05:27 PM..
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