Michael Ruffin

Hi

My fiance and I are planning on taking a trip to my home country
(Australia), soon after our wedding (only my parents can attend the wedding
in the US, I'd like her to meet the rest of my family).

My question is, are we likely to get advance parole for a "holiday" of
sorts? Or is this option only for emergencies such as people ill etc...?

Thanks

Michael

John McHugh

The instructions state advance parole is issued for "emergent personal or bonafide business reasons." For a number of years, this meant virtually any reason, and you'll get differing opinions with respect to whether this is still true today (post 9/11). You are instructed to include a letter explaining why your situation warrants advance parole, and it makes sense to craft this carefully, just in case somebody does read it carefully. I would suggest that if you can identify a "medical element" to your trip (a sick or aging relative), that you procure documentation of this and include this. If this is overkill, it still can't hurt.

Having said this, just because you get issued advance parole doesn't mean you'll get it quickly or when your anticipated travel plans require it.

Ticket To Us

In article ,
"Michael Ruffin" wrote:
    > My fiance and I are planning on taking a trip to my home country
    > (Australia), soon after our wedding (only my parents can attend the wedding
    > in the US, I'd like her to meet the rest of my family).
    >
    > My question is, are we likely to get advance parole for a "holiday" of
    > sorts? Or is this option only for emergencies such as people ill etc...?
    >
It depends on the INS office. Some of them issue it only for
emergencies, others will issue for any trip.
If you specify which office you are using, there is a slight chance that
someone here will know the policy at your office. otherwise, the only
way to find out without filing a form is to go to your local office and
inquire.
--
US Ticket

Claire23

what about NYC INS at Federal Plaza? Do they give same day advance parole?

James Bond Bond

No emergancy necessary. My wife and I travel a fair amount, no probs.
Just make sure you are back before the year is up. Also, list a few
other likely places you may go and put down "potential vacation
destinations" so they get the idea you may run around a bit. All in
all, as long as you have the document, the incoming INS dosn't give a
shit where you are coming from, just that you are legal to re-enter.
Little know fact, you can apply fro Adv. Par. while out of the country
and have it sent to where you are.

Folinskyinla

Hi:

The regulations say "emergent" and not "emergency" -- "emergent" means anything of significance that has "emerged" which can be anything. As a local assistant District Director once said in a bar liaison meeting in LA some years back: if you are willing to pay the filing fee, go the through the hassle and end up being a worse legal position if you use the AP, it must be "emergent."

However, "emergency" becomes relevant for expedited issuance. BTW, INS does track these things and the local officers openly wonder what it is aboutChristmas and Easter in Mexico that sickens elederly parents.

Michael Ruffin

Oh damn..

So that means that advance parole usage is frowned upon by the INS??

We wanted to go to Australia for our honeymoon (of sorts) and visit my
parents and family..

If it puts us in a bad legal position as you say.. I take it it's not worth
doing??




"Folinskyinla" wrote in message
news:[email protected]...
    > Originally posted by Michael Ruffin
    > > Hi
    > >
    > > My fiance and I are planning on taking a trip to my home country
    > > (Australia), soon after our wedding (only my parents can attend
    > > the wedding
    > > in the US, I'd like her to meet the rest of my family).
    > >
    > > My question is, are we likely to get advance parole for a "holiday" of
    > > sorts? Or is this option only for emergencies such as people
    > > ill etc...?
    > >
    > > Thanks
    > >
    > > Michael
    > Hi:
    > The regulations say "emergent" and not "emergency" -- "emergent" means
    > anything of significance that has "emerged" which can be anything. As
    > a local assistant District Director once said in a bar liaison meeting
    > in LA some years back: if you are willing to pay the filing fee, go the
    > through the hassle and end up being a worse legal position if you use
    > the AP, it must be "emergent."
    > However, "emergency" becomes relevant for expedited issuance. BTW, INS
    > does track these things and the local officers openly wonder what it is
    > aboutChristmas and Easter in Mexico that sickens elederly parents.
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

James Bond Bond

"Michael Ruffin" wrote in message news:...
    > Oh damn..
    >
    > So that means that advance parole usage is frowned upon by the INS??
    >
    > We wanted to go to Australia for our honeymoon (of sorts) and visit my
    > parents and family..
    >
    > If it puts us in a bad legal position as you say.. I take it it's not worth
    > doing??
    >
    >
    >
    >
    > "Folinskyinla" wrote in message
    > news:[email protected]...
    > >
    > > Originally posted by Michael Ruffin
    > > > Hi
    > > >
    > > > My fiance and I are planning on taking a trip to my home country
    > > > (Australia), soon after our wedding (only my parents can attend
    > > > the wedding
    > > > in the US, I'd like her to meet the rest of my family).
    > > >
    > > > My question is, are we likely to get advance parole for a "holiday" of
    > > > sorts? Or is this option only for emergencies such as people
    > > > ill etc...?
    > > >
    > > > Thanks
    > > >
    > > > Michael
    > >
    > > Hi:
    > >
    > > The regulations say "emergent" and not "emergency" -- "emergent" means
    > > anything of significance that has "emerged" which can be anything. As
    > > a local assistant District Director once said in a bar liaison meeting
    > > in LA some years back: if you are willing to pay the filing fee, go the
    > > through the hassle and end up being a worse legal position if you use
    > > the AP, it must be "emergent."
    > >
    > > However, "emergency" becomes relevant for expedited issuance. BTW, INS
    > > does track these things and the local officers openly wonder what it is
    > > aboutChristmas and Easter in Mexico that sickens elederly parents.
    > >
    > > --
    > > Certified Specialist
    > > Immigration & Nat. Law
    > > Cal. Bar Board of Legal Specialization
    > >
    > >
    > > Posted via http://britishexpats.com

Advanced parole is not frowned upon by the INS. I have filed for my
wife 3 times under "vacation" and not bothered to list destinations.
All we got was a "have a nice trip". By the way, you will find
numerous little maggot-people on this board that have no lives in the
real world but act out fanticies by pretending to be 'expert' or
'authoritative' on all subjects. I would take the words of the
'specialist" above with a grain of salt.
PS. Quit using the little typo faces{} it makes you look reaqlly
gay.

Rete

No they rarely give same day A/P at NYC. They might do so if you have a true emergency, travel tickets and a letter certifying the cause of the emergency. They will, however, issue A/P in the standard mail in fashion with you going to pick it up anywhere from 60 to 100 days after applying.

Rete

Rete

Corrected posting

My husband used his advance parole(s) for numerous trips during his two year wait for AOS at the NYC Office. Never had a problem with using it and didn't have a problem with INS at the AOS interview either. If you have no overstay issues, then the use of A/P has, IMHO, no adverse side effects.

As for applying for it while outside of the country, this is something I, personally, would not advise anyone to do. One, A/P as explained by me should be active the day you leave the US and two, the A/P is not mailed by all local INS offices but require personal pickup, i.e. NYC. So why chance leaving without it.

Rete

abba48uk

LOL @ comment on smilies........and James Bond Bond as a nick is really cool huh?

Tl3

    >Advanced parole is not frowned upon by the INS. I have filed for my
    >wife 3 times under "vacation" and not bothered to list destinations.
    >All we got was a "have a nice trip". By the way, you will find
    >numerous little maggot-people on this board that have no lives in the
    >real world but act out fanticies by pretending to be 'expert' or
    >'authoritative' on all subjects. I would take the words of the
    >'specialist" above with a grain of salt.
    >PS. Quit using the little typo faces{} it makes you look reaqlly
    >gay.


My wife and I used an advance parole last year. Guess what! One month
after our return, they classified my wife as "Out of Status" and are
trying to force us to file an I-601. Beware! Just because one officer
issues the advance parole, doesn't mean another has to honor it.

TL3

John McHugh

Lots of questions here...

Were there any unusual circumstances in your wife's case? Did she leave before the document was issued? Did she have a status gap before applying for AOS? Did the expiration date on the AP precede the date of return? One would think these things might present a problem on entry and not a month later. How did you learn of this problem?

Rete

TL3

I agree with John. There must be more to this than what you posted. Out of Status and having to file an I-601 means that your wife most likely had an overstay prior to your filing for adjustment of status and use of the A/P kicked in a ban when she left the US. The advance parole clearly states not to use if there is an overstay issue in your background. Just because INS made a mistake and issued the A/P it doesn't mean all has been forgiven. It is up to the user to know what the laws are and if they are free to use the A/P without fear.

Please tell us more about your wife's situation.

Rete

Folinskyinla

Hi:

No, its not frowned upon at all. 99% people use it with no problem at all. However, a good part of my practice involve cases when people come to me after unpleasant material has hit the fan and I make valiant attempts to clean up the mess. This makes for a certain degree of professional paranoia.

I have had cases where the difficulties would not have arisen but for a departure followed by a return on advance parole. There has been a lot of litigiation over the DECADES over the legal effect of a departure followed by a return. It makes for an interesting historical discussion. What if a person takes an overnight train from Detroit to Buffalo -- in the middle of the night tranverses a part of Canada -- any effect? Or a crewman on a coastal steamer -- and the steamer gets sunk by a Nazi U-boat, the sailor rescued by a Cuban ship and he returns to the US after landing in Cuba? Or, an L.A. resident goes to the horse races in Tijuana for 4 hours?

Advance parole is a piece of dynamite -- in most cases there is no match nearby so its pretty harmless. But the potential is there.