becks_r

Hi all

I have tried searching the forums and looked at some threads about ESTA but haven't found an exact match for my question, which is.....

I received my AP beginning of this week and yesterday I booked a flight to go back to UK for a few weeks and I am flying late next week. Today I was going through my inbox and found an email that came in about a month ago saying my ESTA is due to expire Tuesday next week!!!

I completely forgot about this email, so now I am wondering - do I need to renew the ESTA?

Many thanks for any help, I must admit ESTA has been the last thing on my mind since I sent in my AOS application..

Becky

Noorah101

No, you do not need ESTA when using AP. You're not entering the USA as a visitor.

Rene

DavidLemon

If you have your AP, then you all ready have the document that gives you permission to enter the US after a trip abroad. ESTA is no longer a requirement for you. That email is a courtesy email, they have no idea as to your actual status now its automatically generated based on your last application.

DavidLemon

This is a genuine question, just so i can understand the process of Advance Parole. What status are aliens with AP actually entering the US as? They are not entering as an LPR, because the AOS is still pending or are they?

Are they entering under the status in which they are adjusting from, or is there another category said alien would fall into?

sir_eccles

Strictly speaking, you do not enter the country. You are paroled into the country. It's a sort of legal limbo.

Also, on your return flight when you check in you will probably have to check in at the airport with an agent who will enter your AP details into their computer.

Noorah101

They are not actually "admitted" to the USA, they are "paroled" into the USA.

Correct.

No, they aren't entered under the status from which they are adjusting...for example, an H1B holder might have filed AOS, then quit his job. After a visit using AP, he no longer would have a valid H1B status to enter with.

Advance Parole (AP) means this person is allowed into the USA under a "parole" status, allowing him to stay in the USA until a decision is made on his AOS.

Rene

jeffreyhy

ESTA is authorization to travel using the visa waiver program.

You are not using the visa waiver program.

Regards, JEff

becks_r

Hi

yes I understood that it was an automatically generated email and in no way would the ESTA process know about the AOS process. I just wasn't sure if I would get hassle at Heathrow as there was no ESTA against my passport and what was the right thing to do.

Thanks for the info everyone

Becks

DavidLemon

Thankyou... That makes a lot of sense and now i have a better understanding.

jeffreyhy

Parole status. Under parole a person is physically in the USA but legally they are still outside the country. Not much different from being on parole from prison - one wrong move and back you go.

Regards, JEff

becks_r

yes, I think I saw that on another post, so I will have to make sure I get to Heathrow early on my return Not something I am used to, usually I get there at the very last minute as I hate hanging around at airports, too much temptation to hit the bars

becks_r

I better make sure I don't get into a fight with my nasty sister in law then

Ray

or Use AP if you entered on a Visa waiver

Apfelkuchen

Interesting. If I remember correctly Becks is AOSing from the VWP. Say, hypothetically, she leaves the US with Advance Parole and her application to adjust status is denied while she is gone, presumably the AP would then become invalid and getting back in on the VWP could be tricky given that an AOS application is a resounding declaration of immigrant intent.

Though if she has only just received her AP and is only leaving for a couple of weeks it seems unlikely that her case will be adjudicated before she returns.

EDIT: Just remembered that an interview is part of the AOS application. What are the chances of an application being denied before the interview stage?

ian-mstm

Slim, I should think. It would likely only happen if the AOS was found to be invalid for some reason - like one of them not being able to marry in the first place. Filing AOS from the VWP isn't sufficient grounds on its own... so it'd have to be something major.

That said, if the AOS (from VWP) is denied for any reason whatsoever, there is no appeal process. It's game over.

Ian