advance parole - good reason for travel?
Aug 27th 2002, 2:42 am
#1
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Joined: Aug 2002
Posts: 15
advance parole - good reason for travel?
Hi there
the I-131... I'm applying for advance parole to leave the country within the year. I'm in New York City. What's a good reason? (It can hardly be a family emergency if it takes 90 days to process.) In truth, I have a gig in Montreal in late November, and my mum's birthday 60th birthday in March. Are they decent reasons? If not, what is? Also, is turnaround time delayed longer than 90 days now, post 9/11? And, lastly, would I be smarter to put my paperwork through Buffalo, which might go quicker?
thanks for the advice!
R
the I-131... I'm applying for advance parole to leave the country within the year. I'm in New York City. What's a good reason? (It can hardly be a family emergency if it takes 90 days to process.) In truth, I have a gig in Montreal in late November, and my mum's birthday 60th birthday in March. Are they decent reasons? If not, what is? Also, is turnaround time delayed longer than 90 days now, post 9/11? And, lastly, would I be smarter to put my paperwork through Buffalo, which might go quicker?
thanks for the advice!
R
Aug 27th 2002, 9:55 am
#2
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Posts: n/a
Re: advance parole - good reason for travel?
The reasons are fine. I don't think you get to choose where you file the I-131.
roman wrote:
> Hi there the I-131... I'm applying for advance parole to leave the country within
> the year. I'm in New York City. What's a good reason? (It can hardly be a family
> emergency if it takes 90 days to process.) In truth, I have a gig in Montreal in
> late November, and my mum's birthday 60th birthday in March. Are they decent
> reasons? If not, what is? Also, is turnaround time delayed longer than 90 days now,
> post 9/11? And, lastly, would I be smarter to put my paperwork through Buffalo,
> which might go quicker? thanks for the advice! R
> --
> Posted via http://britishexpats.com
roman wrote:
> Hi there the I-131... I'm applying for advance parole to leave the country within
> the year. I'm in New York City. What's a good reason? (It can hardly be a family
> emergency if it takes 90 days to process.) In truth, I have a gig in Montreal in
> late November, and my mum's birthday 60th birthday in March. Are they decent
> reasons? If not, what is? Also, is turnaround time delayed longer than 90 days now,
> post 9/11? And, lastly, would I be smarter to put my paperwork through Buffalo,
> which might go quicker? thanks for the advice! R
> --
> Posted via http://britishexpats.com
Aug 27th 2002, 3:14 pm
#3
Guest
Posts: n/a
Re: advance parole - good reason for travel?
roman <[email protected]> wrote in message
news:<[email protected]>...
> Hi there the I-131... I'm applying for advance parole to leave the country within
> the year. I'm in New York City. What's a good reason? (It can hardly be a family
> emergency if it takes 90 days to process.) In truth, I have a gig in Montreal in
> late November, and my mum's birthday 60th birthday in March. Are they decent
> reasons? If not, what is? Also, is turnaround time delayed longer than 90 days now,
> post 9/11? And, lastly, would I be smarter to put my paperwork through Buffalo,
> which might go quicker? thanks for the advice! R
An immigration lawyer comments:
The regulations say "emergent", not "emergency." An emergency issuance is for the
deadly ill relative, or the funeral of the already deceased relative.
A few years back, at a local liaison meeting here in LA, an INS ADD commented that if
you want to pay the filing fee, go through the hassle of obtaining advance parole,
AND put yourself in a potentially adverse legal position by using the A/P, then the
reasons must be "emergent."
IOW, your reasons are fine. BTW, the departure date item is an expression of future
intent -- I tell my clients to form an intention of leaving 30 days earlier, they can
always change their minds, no?
news:<[email protected]>...
> Hi there the I-131... I'm applying for advance parole to leave the country within
> the year. I'm in New York City. What's a good reason? (It can hardly be a family
> emergency if it takes 90 days to process.) In truth, I have a gig in Montreal in
> late November, and my mum's birthday 60th birthday in March. Are they decent
> reasons? If not, what is? Also, is turnaround time delayed longer than 90 days now,
> post 9/11? And, lastly, would I be smarter to put my paperwork through Buffalo,
> which might go quicker? thanks for the advice! R
An immigration lawyer comments:
The regulations say "emergent", not "emergency." An emergency issuance is for the
deadly ill relative, or the funeral of the already deceased relative.
A few years back, at a local liaison meeting here in LA, an INS ADD commented that if
you want to pay the filing fee, go through the hassle of obtaining advance parole,
AND put yourself in a potentially adverse legal position by using the A/P, then the
reasons must be "emergent."
IOW, your reasons are fine. BTW, the departure date item is an expression of future
intent -- I tell my clients to form an intention of leaving 30 days earlier, they can
always change their minds, no?
Sep 12th 2002, 6:53 pm
#4
Guest
Posts: n/a
Re: advance parole - good reason for travel?
> A few years back, at a local liaison meeting here in LA, an INS ADD commented that
> if you want to pay the filing fee, go through the hassle of obtaining advance
> parole, AND put yourself in a potentially adverse legal position by using the A/P,
> then the reasons must be "emergent."
I disagree that adjustment applicants who use Advance Parole have put themselves into
a potentially adverse legal position. In fact, they may improve their legal position
by doing so. The fact of the matter is that expedited removal only applies to
inadmissibility under
212(a)(6)(C) or (7). Adjustment applicants are applicants for admission any way you
look at it, since they are seeking Lawful Admission for Permanent
Residence, and must be fully admissible for the adjustment application
to be approved either way. When paroled, INS can only seek to remove
them under Section 240 for grounds of inadmissibility (INA 212(a)), not
also under grounds of deportability (INA 237(a)) which is by definition
a removal after admission.
They are definitely entitled to Section 240 proceedings, by the very exclusion of
them in the definition of arriving aliens for the purposes of INA 235: 8 CFR Sec.
1.1(q) The term arriving alien means an applicant for admission coming or attempting
to come into the United States at a port-of-entry, or an alien seeking transit
through the United States at a port-of-entry, or an alien interdicted in
international or United States waters and brought into the United States by any
means, whether or not to a designated port-of-entry, and regardless of the means of
transport. An arriving alien remains such even if paroled pursuant to section
212(d)(5) of the Act, except that an alien who was paroled before April 1, 1997, or
an alien who was granted advance parole which the alien applied for and obtained in
the United States prior to the alien's departure from and return to the United
States, shall not be considered an arriving alien for purposes of section
235(b)(1)(A)(i) of the Act.
8 CFR Sec. 235.3 Inadmissible aliens and expedited removal.
(b) Expedited removal. (1) Applicability. The expedited removal provisions shall
apply to the following classes of aliens who are determined to be inadmissible
under section 212(a)(6)(C) or (7) of the Act:
(c) Arriving aliens, as defined in § 1.1(q) of this chapter, except for citizens of
Cuba arriving at a United States port-of-entry by aircraft;
INA Sec. 240(c) Decision and Burden of Proof.-
(2) Burden on alien.-In the proceeding the alien has the burden of establishing
(A) if the alien is an applicant for admission, that the alien is clearly and beyond
doubt entitled to be admitted and is not inadmissible under section 212; or
(B) by clear and convincing evidence, that the alien is lawfully present in the
United States pursuant to a prior admission. In meeting the burden of proof
under subparagraph (B), the alien shall have access to the alien's visa or other
entry document, if any, and any other records and documents, not considered by
the Attorney General to be confidential, pertaining to the alien's admission or
presence in the United States.
(3) Burden on service in cases of deportable aliens.-
(A) In general.-In the proceeding the Service has the burden of establishing by clear
and convincing evidence that, in the case of an alien who has been admitted to
the United States, the alien is deportable. No decision on deportability shall be
valid unless it is based upon reasonable, substantial, and probative evidence.
8 CFR Sec. 240.8 Burdens of proof in removal proceedings.
(B) Deportable aliens. A respondent charged with deportability shall be found to be
removable if the Service proves by clear and convincing evidence that the
respondent is deportable as charged.
(C) Arriving aliens. In proceedings commenced upon a respondent's arrival in the
Untied States or after the revocation or expiration of parole, the respondent
must prove that he or she is clearly and beyond a doubt entitled to be admitted
to the United States and is not inadmissible as charged.
> if you want to pay the filing fee, go through the hassle of obtaining advance
> parole, AND put yourself in a potentially adverse legal position by using the A/P,
> then the reasons must be "emergent."
I disagree that adjustment applicants who use Advance Parole have put themselves into
a potentially adverse legal position. In fact, they may improve their legal position
by doing so. The fact of the matter is that expedited removal only applies to
inadmissibility under
212(a)(6)(C) or (7). Adjustment applicants are applicants for admission any way you
look at it, since they are seeking Lawful Admission for Permanent
Residence, and must be fully admissible for the adjustment application
to be approved either way. When paroled, INS can only seek to remove
them under Section 240 for grounds of inadmissibility (INA 212(a)), not
also under grounds of deportability (INA 237(a)) which is by definition
a removal after admission.
They are definitely entitled to Section 240 proceedings, by the very exclusion of
them in the definition of arriving aliens for the purposes of INA 235: 8 CFR Sec.
1.1(q) The term arriving alien means an applicant for admission coming or attempting
to come into the United States at a port-of-entry, or an alien seeking transit
through the United States at a port-of-entry, or an alien interdicted in
international or United States waters and brought into the United States by any
means, whether or not to a designated port-of-entry, and regardless of the means of
transport. An arriving alien remains such even if paroled pursuant to section
212(d)(5) of the Act, except that an alien who was paroled before April 1, 1997, or
an alien who was granted advance parole which the alien applied for and obtained in
the United States prior to the alien's departure from and return to the United
States, shall not be considered an arriving alien for purposes of section
235(b)(1)(A)(i) of the Act.
8 CFR Sec. 235.3 Inadmissible aliens and expedited removal.
(b) Expedited removal. (1) Applicability. The expedited removal provisions shall
apply to the following classes of aliens who are determined to be inadmissible
under section 212(a)(6)(C) or (7) of the Act:
(c) Arriving aliens, as defined in § 1.1(q) of this chapter, except for citizens of
Cuba arriving at a United States port-of-entry by aircraft;
INA Sec. 240(c) Decision and Burden of Proof.-
(2) Burden on alien.-In the proceeding the alien has the burden of establishing
(A) if the alien is an applicant for admission, that the alien is clearly and beyond
doubt entitled to be admitted and is not inadmissible under section 212; or
(B) by clear and convincing evidence, that the alien is lawfully present in the
United States pursuant to a prior admission. In meeting the burden of proof
under subparagraph (B), the alien shall have access to the alien's visa or other
entry document, if any, and any other records and documents, not considered by
the Attorney General to be confidential, pertaining to the alien's admission or
presence in the United States.
(3) Burden on service in cases of deportable aliens.-
(A) In general.-In the proceeding the Service has the burden of establishing by clear
and convincing evidence that, in the case of an alien who has been admitted to
the United States, the alien is deportable. No decision on deportability shall be
valid unless it is based upon reasonable, substantial, and probative evidence.
8 CFR Sec. 240.8 Burdens of proof in removal proceedings.
(B) Deportable aliens. A respondent charged with deportability shall be found to be
removable if the Service proves by clear and convincing evidence that the
respondent is deportable as charged.
(C) Arriving aliens. In proceedings commenced upon a respondent's arrival in the
Untied States or after the revocation or expiration of parole, the respondent
must prove that he or she is clearly and beyond a doubt entitled to be admitted
to the United States and is not inadmissible as charged.
