Re-entering the US using AP
 

Hey guys, was just seeking opinion on the potential hazards of re-entering the US on parole when using an AP/EAD combi card. I trawled through some previous AP threads and came across the viewpoints below of two regular (and knowledgeable) posters, which put some doubt into my mind as to whether I should avoid departing the US until I'm (hopefully) in possession of a conditional Green Card.

Sir Eccles: I believe many immigration attorneys view AP as something that should be reserved for emergencies and should not be used to just pop back for a bit.

S Folinsky: I used to be quite adverse to use of advance parole. However, with the advent of the Arrabally case, I am not so adverse as I used to be. Not that I recommend the use of AP, but the case is of interest. I happen to think that Member Pauly was correct, but we can take what we can get.[/I]

Any input would be appreciated as per usual.

Regards
Neil

Re: Re-entering the US using AP
 

One wonders why the concern. What's up?

Regards, JEff

Re: Re-entering the US using AP
 

I'm not sure how knowleagle I actually am :-)

I think AP tends to be used much more frequently (with little problem) than it was originally intended. Then again with the advent of the jet age popping back and forth between continents is much easier.

As long as you have no other issue such as an overstay or what not it can probably be used without worry. I think :-)

Re: Re-entering the US using AP
 

I am not experienced, but I have always considered AP as an emergency measure. When I did my K1 I did not even apply for AP - I considered myself landlocked until the process was complete.

BTW - Averse;)

Re: Re-entering the US using AP
 

AP can be used for any travel reason, not just an emergency. That said, if you have the kind of overstay situation that would effect a ban, AP does not "cure" that.

Rene

Re: Re-entering the US using AP
 

Hey guys, thanks for the responses.

One wonders why the concern. What's up?

In 2012 I was working in the US on an H-2B (temporary non-agricultural) visa. Before the expiration of this visa I applied to change my status (using a I-539 form) to a B-2 non immigrant visa, so I could stay in the US an additional 90 days before returning to the UK. This application was denied. I had actually left the US before I had received notice that my application had been denied (roughly 60 days past the expiration date of my H-2B visa).

I don't think the aforementioned situation counted as an overstay or unlawful presence and the consular officer at my K-1 interview didn't seem to have an issue with it. I guess after reading previous threads about using AP I am a little anxious that my I-539 denial may cause an issue at POE.

Regards
Neil

Re: Re-entering the US using AP
 

I was wondering - in general terms - why you'd want to use advanced parole. Why leave the US while your application to adjust status is being processed? Is there are real situation pending, or just being prepared in case?

Regards, JEff

Re: Re-entering the US using AP
 

I don't think anything in particular is up. I do believe however that its use has evolved from genuine rare emergency to a more everyday I need to fly back to close up affairs. So depending on when you began your journey or when your attorney began practice your attitude will be different from someone starting now.

Re: Re-entering the US using AP
 

Was there a time back in the day when AP was reserved specifically for emergencies, though? I know as long as I've been on this forum (since 2003) it's always been for any reason whatsoever.

The wording on the I-131 is "emergent", which is not the same as "emergency".

Rene

Re: Re-entering the US using AP
 

Yes, at some district offices anyway. Newark NJ, for one, would only issue advance parole for emergency situations in the late 1990s. I'm not sure when that office eased up.

Nor am I sure when processing of I-131 for advance parole was transferred from the District and Sub offices to the Service Centers, but I'm pretty sure it wasn't an issue any longer after the transfer.

Regards, JEff

Re: Re-entering the US using AP
 

I don't know, I'm considering really just the attitude towards it. I know when I started out in around 2006 I used an attorney and she was quite old school in her attitude to its use.

I think when you consider how the whole process has evolved, the time frame is very different. A visa is now often granted in a relatively short time when previously the petition and visa issuance may have taken a lot longer allowing people to close up their affairs more comfortably. Then as I mentioned earlier international travel is much easier so the thought of popping back for the weekend to check on an ailing parent is not such a big deal. Then finally the courts seem to be taking a softer line on what being paroled back in means.

Re: Re-entering the US using AP
 

Standard advice is to not make firm plans until the visa is in hand?

In 2002-3 my wife had her K3 visa in hand 6 months from when I mailed off the petition. No easier today than it was in the 1990s. A lot more expensive today, though.The point - some things have not changed much in 10-20 years. Other things change year to year, in some cases to the extent that they've been there and back several times over the 10-20 year period.

Regards, JEff

Re: Re-entering the US using AP
 

Yes, since the 90s many people would think nothing of a quick weekend shopping trip to NYC. When you go back to say the 70s and early 80s regular air travel was a little more special.

I discussed this with my parents when I emigrated. They weren't too concerned about me being on a different continent. Compare that to when they left South Africa in 1969 and their parents to a certain extent thought that was it, they would possibly not see them again.

Re: Re-entering the US using AP
 

At one time it was for emergency use only. But then came the days when AOS was taking two to three years to adjudicate and the issuance and use of AP shot up.

Unless the beneficiary of AP has sometime in their past, i.e. overstay, etc. that might lead to their being denied re-entry, then there are few, if any, risks involved.

One needs to remember that by using AP you are paroled back in the US to the ????? and as such, I believe you might relinquish certain rights of appeal. I'm sure Mr. Folinskyla will add to this statement as it is incomplete.

Re: Re-entering the US using AP
 

Hey JEff,

[QUOTE=jeffreyhy;11008626]I was wondering - in general terms - why you'd want to use advanced parole. Why leave the US while your application to adjust status is being processed? Is there are real situation pending, or just being prepared in case?

There is no real situation pending at the moment that I have to return to the UK for. I was contemplating going back to the UK before I (hopefully) find a job, as I don't envisage getting the vacation time to go home until later in the year if I find employment.

Regards
Neil