advance parole
Mar 10th 2003, 8:02 pm
#1
Just Joined
Thread Starter
Joined: Jan 2003
Location: Los Angeles
Posts: 26
advance parole
Advance Parole
Hi All
I was out of status for 13mths and am now waiting on an AOS interview in LA. From reading this NG and from my lawyer, the advice has been don't try for advance parole as even if it is granted ( in error) there could be problems with reentering the US.
My congresswomans office has been trying to expedite my interview as I need to travel on an urgent family matter. They got back to me this morning saying that their INS contact is trying to process AP for me today. I pointed out that this caused me some concern due to the info I had but they said exceptions could be made and to contact their office if I used AP and had problems reentering.
I very much want to be with my sister/mother at this time but surely the rules are the rules - if I leave without AOS the I will be banned for ten years.
Anyone know if an exception can be made on the AP conditions?
Thanks
Hi All
I was out of status for 13mths and am now waiting on an AOS interview in LA. From reading this NG and from my lawyer, the advice has been don't try for advance parole as even if it is granted ( in error) there could be problems with reentering the US.
My congresswomans office has been trying to expedite my interview as I need to travel on an urgent family matter. They got back to me this morning saying that their INS contact is trying to process AP for me today. I pointed out that this caused me some concern due to the info I had but they said exceptions could be made and to contact their office if I used AP and had problems reentering.
I very much want to be with my sister/mother at this time but surely the rules are the rules - if I leave without AOS the I will be banned for ten years.
Anyone know if an exception can be made on the AP conditions?
Thanks
Mar 10th 2003, 9:11 pm
#2
Guest
Posts: n/a
Re: advance parole
"Muki" wrote in message
news:[email protected]...
> Advance Parole
> I was out of status for 13mths and am now waiting on an AOS interview in
> LA. From reading this NG and from my lawyer, the advice has been don't
> try for advance parole as even if it is granted ( in error) there could
> be problems with reentering the US.
> My congresswomans office has been trying to expedite my interview as I
> need to travel on an urgent family matter. They got back to me this
> morning saying that their INS contact is trying to process AP for me
> today. I pointed out that this caused me some concern due to the info I
> had but they said exceptions could be made and to contact their office
> if I used AP and had problems reentering.
> I very much want to be with my sister/mother at this time but surely the
> rules are the rules - if I leave without AOS the I will be banned for
> ten years.
> Anyone know if an exception can be made on the AP conditions?
The point is: are you subject to the 3 or 10 year bars? Just because you
were out of status does not mean you are subject to the bar. Did you
overstay a date certain on your I-94? If your I-94 says "D/S" and neither a
judge nor INS formally determined that you violated status, then you are not
subject to the bar.
If you are subject to the bar, you dare not leave the U.S. even if INS does
give you advance parole.
If you are definitely not subject to the bar, then you can use the advance
parole. You will still be taking the risk that you will not be able to
persuade every INS office than you encounter that you are not subject to the
bar.
news:[email protected]...
> Advance Parole
> I was out of status for 13mths and am now waiting on an AOS interview in
> LA. From reading this NG and from my lawyer, the advice has been don't
> try for advance parole as even if it is granted ( in error) there could
> be problems with reentering the US.
> My congresswomans office has been trying to expedite my interview as I
> need to travel on an urgent family matter. They got back to me this
> morning saying that their INS contact is trying to process AP for me
> today. I pointed out that this caused me some concern due to the info I
> had but they said exceptions could be made and to contact their office
> if I used AP and had problems reentering.
> I very much want to be with my sister/mother at this time but surely the
> rules are the rules - if I leave without AOS the I will be banned for
> ten years.
> Anyone know if an exception can be made on the AP conditions?
The point is: are you subject to the 3 or 10 year bars? Just because you
were out of status does not mean you are subject to the bar. Did you
overstay a date certain on your I-94? If your I-94 says "D/S" and neither a
judge nor INS formally determined that you violated status, then you are not
subject to the bar.
If you are subject to the bar, you dare not leave the U.S. even if INS does
give you advance parole.
If you are definitely not subject to the bar, then you can use the advance
parole. You will still be taking the risk that you will not be able to
persuade every INS office than you encounter that you are not subject to the
bar.
Mar 10th 2003, 10:17 pm
#3
Just Joined
Thread Starter
Joined: Jan 2003
Location: Los Angeles
Posts: 26
Hi Sylvia
I entered in June 2001 on a VW. The AOS application was not filed until Oct 02, so I assumed that meant I was 'out of status ' for 13 months and subject to a ten year ban if I leave.
The INS liason at the congresspersons office said not to worry about it, that if they get me the AP then I will be ok. They offered to give me a business card in case
I entered in June 2001 on a VW. The AOS application was not filed until Oct 02, so I assumed that meant I was 'out of status ' for 13 months and subject to a ten year ban if I leave.
The INS liason at the congresspersons office said not to worry about it, that if they get me the AP then I will be ok. They offered to give me a business card in case
Mar 10th 2003, 10:20 pm
#4
Just Joined
Thread Starter
Joined: Jan 2003
Location: Los Angeles
Posts: 26
sorry - typing on a laptop and hit the wrong key
They offered a Congress Office business card to show at immigration if I had any problems reentering - just can't see that making any difference!
They offered a Congress Office business card to show at immigration if I had any problems reentering - just can't see that making any difference!
Mar 10th 2003, 11:43 pm
#5
Guest
Posts: n/a
Re: advance parole
>Subject: Re: advance parole
>From: Muki [email protected]
>Date: 3/10/03 6:20 PM Eastern Standard Time
>Message-id:
>sorry - typing on a laptop and hit the wrong key
>They offered a Congress Office business card to show at immigration if I
>had any problems reentering - just can't see that making any difference!
It won't. It would carry about as much weight as the tooth fairy...
>From: Muki [email protected]
>Date: 3/10/03 6:20 PM Eastern Standard Time
>Message-id:
>sorry - typing on a laptop and hit the wrong key
>They offered a Congress Office business card to show at immigration if I
>had any problems reentering - just can't see that making any difference!
It won't. It would carry about as much weight as the tooth fairy...
Mar 11th 2003, 12:30 am
#6
Guest
Posts: n/a
Re: advance parole
"Muki" wrote in message
news:[email protected]...
> I entered in June 2001 on a VW. The AOS application was not filed until
> Oct 02, so I assumed that meant I was 'out of status ' for 13 months and
> subject to a ten year ban if I leave.
> The INS liason at the congresspersons office said not to worry about it,
> that if they get me the AP then I will be ok. They offered to give me a
> business card in case
The INS liaison at the Congressperson's office is 100% dead wrong.
The mere obtaining of advance parole does not exempt a person from the 3 and
10 year bars. Only the obtaining of a very difficult waiver based on
extreme and unusual hardship to a U.S. citizen or permanent resident gives
that exemption.
If you want referrals to the law, let me know.
news:[email protected]...
> I entered in June 2001 on a VW. The AOS application was not filed until
> Oct 02, so I assumed that meant I was 'out of status ' for 13 months and
> subject to a ten year ban if I leave.
> The INS liason at the congresspersons office said not to worry about it,
> that if they get me the AP then I will be ok. They offered to give me a
> business card in case
The INS liaison at the Congressperson's office is 100% dead wrong.
The mere obtaining of advance parole does not exempt a person from the 3 and
10 year bars. Only the obtaining of a very difficult waiver based on
extreme and unusual hardship to a U.S. citizen or permanent resident gives
that exemption.
If you want referrals to the law, let me know.
Mar 11th 2003, 1:00 am
#7
Just Joined
Thread Starter
Joined: Jan 2003
Location: Los Angeles
Posts: 26
Thanks Sylvia,
that's what I thought but wanted confirmed.
that's what I thought but wanted confirmed.
