kjdrga

I would like to know if there are any bad experiences using the AP to return to the U.S.?

Thanks

Folinskyinla

Hi:

Yes.

kjdrga

Why would someone have trouble returning? What are grounds for refusal?

Thanks

Andy Platt

"Folinskyinla" wrote in message
news:451533.1035298903@britishexpats-
.com...
    > Originally posted by kjdrga:
    > > I would like to know if there are any bad experiences using the AP to
    > > return to the U.S.?
    > >
    > > Thanks
    > Hi:
    > Yes.

What this cryptic message means is that yes, some people have had problems.
I'm guessing that most of those people should never had got AP in the first
place or they have let it expire or they left for 10 months on it or there
is something else that's wrong. For the rest of us who got and used AP
correctly the only problem tends to be the wait for secondary inspection to
process you.

Andy.

--
I'm not really here - it's just your warped imagination.

Aliluv

My Husband's AP just came and it clearly states that you can be refuesed re-entry on the AP document.

Ali

Folinskyinla

Hi:

Parole is authorized by section 212(d)(5)(A) of the Immigration & Nationality Act. It is a limited power granted to John Ashcroft and his minions. Return on parole grants you no rights whatsoever [with a "maybe" on the last sentence -- a colleague argued in a suit that a person with advance parole was entitled to a removal hearing and the INS settled by placing the person in removal proceedings as an "arriving alien."]

kjdrga

My husband will be returning to the U.S. from his mothers funeral (that is why he was granted the AP, on Humanitarian Reasons) and therefore I just wanted to know what possible troubles he could run into at POE. He had only been in the States less than a month when this incident occured. Unfortunately at this moment I live in a world of paranoia with a sniper on the loose (i live in No. VA.), and never ever trusting any government agency. (it's been a rough couple of weeks)


Thanks for the info/help!

Folinskyinla

Hi Andy:

My answer was not "cryptic" in any way. It was direct and to the point.

Please don't assume what I mean. In this case, you happen to be wrong.

Where you are correct is that 99.999% of people with Advance Parole experience no problems. However, when there is a problem, it tends to be huge and is exacerbated by the grant of AP -- and then I get a case.

Andy Platt

Sometimes you have to take the realistic approach to these things. Firstly
nobody except a US citizen has the right of entry to the US (and I'm not
sure what the rules for certain "diplomatic" visas are). Greencard holders
could be denied entry just as those with AP could be just as those with B-1
visas could be, etc. It all comes down to likelyhood. Truth is that you are
only going to be denied entry with AP if you should have had it in the first
place or have done something that means you shouldn't have it any more. If
you do not have any issues, using AP is a lot closer to having a guarantee
than most visas.

Andy.

--
I'm not really here - it's just your warped imagination.
"Aliluv" wrote in message
news:451640.1035303847@britishexpats-
.com...
    > My Husband's AP just came and it clearly states that you can be refuesed
    > re-entry on the AP document.
    > Ali
    > --

Andy Platt

"Folinskyinla" wrote:

    > My answer was not "cryptic" in any way. It was direct and to the point.

Perhaps cryptic is the wrong word. What's the word I should have used - let
me see ... ah, yes, unhelpful is the word.

    > Please don't assume what I mean. In this case, you happen to be wrong.

If you want no assumptions made, don't post silly one word answers.

    > Where you are correct is that 99.999% of people with Advance Parole
    > experience no problems. However, when there is a problem, it tends to
    > be huge and is exacerbated by the grant of AP -- and then I get a case.

But how many of those .001% of problems are caused by such factors as the
ones I mention? Anyway, I reiterate my advice that this isn't something to
be concerned about. If the AP has been granted properly, you are using it
properly and there are no adverse factors, the person has a greater chance
of dying on the way to the airport than being denied entry back to resume
their adjustment of status.

Andy.
--
I'm not really here - it's just your warped imagination.

Steggy

Andy Platt wrote:
    > Sometimes you have to take the realistic approach to these things. Firstly
    > nobody except a US citizen has the right of entry to the US (and I'm not
    > sure what the rules for certain "diplomatic" visas are). Greencard holders
    > could be denied entry just as those with AP could be just as those with B-1
    > visas could be, etc. It all comes down to likelyhood. Truth is that you are
    > only going to be denied entry with AP if you should have had it in the first
    > place or have done something that means you shouldn't have it any more. If
    > you do not have any issues, using AP is a lot closer to having a guarantee
    > than most visas.
    > Andy.
So true. Of course they can refuse entry if there is a
reason to do so. My experience is: not a problem if
everything is OK. They even check if you have an AP at your
check in, before leaving the country (the airline does, more
to make sure you have it all for your return flight).

Then at the POE, returning to the US, the INS officer sees
it, stamps it and there you go. Please make sure he/she
returns it, it is yours and most of the time valid for 10
months or so. That was my experience. If INS gives you an
AP, and there is nothing wrong with you, there will be no
problem, I would say.
--
steg

Matthew Udall

I think that's a dangerous assumption. INS tries to spot people who would be subject to a ban if given an AP (and they depart the U.S.) and do them a favor by not issuing an AP, but the INS is not perfect (nor are they your immigration advisor) and sometimes do give an AP to those who would be facing a ban (don't we have someone posting today with that very problem?)

I don't think the fact that INS gave an AP to someone facing a ban will carry much weight with INS later on.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm

Tim

I agree with Andy. As long as you have a clean record with your INS
dates you should not be afraid to use AP. My wife is about to get her
3rd one and has used it many times. As Andy says, the only drawback is
that each time you present it at the POE you must go to secondary
inspection. Yes, I have read that wording on the document and I
understand what it could mean, but don't let it grow in your mind into
something big and ugly.

Regards, Tim


"Andy Platt" wrote in message news:...
    > Sometimes you have to take the realistic approach to these things. Firstly
    > nobody except a US citizen has the right of entry to the US (and I'm not
    > sure what the rules for certain "diplomatic" visas are). Greencard holders
    > could be denied entry just as those with AP could be just as those with B-1
    > visas could be, etc. It all comes down to likelyhood. Truth is that you are
    > only going to be denied entry with AP if you should have had it in the first
    > place or have done something that means you shouldn't have it any more. If
    > you do not have any issues, using AP is a lot closer to having a guarantee
    > than most visas.
    > Andy.
    > --
    > I'm not really here - it's just your warped imagination.
    > "Aliluv" wrote in message
    > news:451640.1035303847@britishexpa-
    > ts.com    ...
    > >
    > > My Husband's AP just came and it clearly states that you can be refuesed
    > > re-entry on the AP document.
    > >
    > > Ali
    > >
    > > --
    > >

Chris Parker

    > My Husband's AP just came and it clearly states that you can be refuesed
    > re-entry on the AP document.

Nope - it doesn't say that all.

The key terms are:
- "Contingent on his/her prima facie eligibility"
- "If you are found to be inadmissible when you return to the U.S. to
resume your adjustment of status application, you will need to qualify
for a waiver in order for your application to be approved."

The only way they could deny entry is if you can't demonstrate prima
facie eligibility for adjustment during inspection. The
3-year/10-year bars aren't going to prevent re-entry by themself,
because, as indicated, the law provides for a waiver of
inadmissibility. Admitting something like you aren't married when
your adjustment application is marriage-based could very well prevent
re-entry, however.


CP

Chris Parker

    > Sometimes you have to take the realistic approach to these things. Firstly
    > nobody except a US citizen has the right of entry to the US (and I'm not
    > sure what the rules for certain "diplomatic" visas are). Greencard holders
    > could be denied entry just as those with AP could be just as those with B-1
    > visas could be, etc. It all comes down to likelyhood. Truth is that you are
    > only going to be denied entry with AP if you should have had it in the first
    > place or have done something that means you shouldn't have it any more. If
    > you do not have any issues, using AP is a lot closer to having a guarantee
    > than most visas.

U.S. citizens and permanent residents who departed the U.S. for less
than 6 months are not considered as applicants for admission, so the
issues of refusal of admission do not apply to them. Inspection does
apply, however, only to the extent of determining this to be their
actual status.

For example, when returning with a U.S. passport and presenting it to
the inspector, I have been thrown questions like, "Where do I live?
Where is that exactly?" (this inspector apparently knew the area that
I said I live in) and "Did I ever live in _____?" Upon demonstrating
to the satisfaction of the inspector I am a U.S. citizen and who I say
I am, permission to enter must be granted. The same is true for
permanent residents who departed the U.S. for less than 6 months.


CP