Paroled? Traveling/CR1 in process. Help please.

[OfficialSono 0]

Hello fellow forum members, first post bare with me. Firstly I would like to thank you for the information that has been provided already it was very useful.

I have a question about my pending journey:

I left the country whilst I was going through the process and returned without my document of return (a document I had requested for months before, knowing I would be leaving at a certain date. It did arrive once I had arrived back in the country but it was too late) I was pulled by border petrol upon arrival and once we explained how and what had happened (me and the mrs) they referred my case to San fransisco embassy and kept my passport.

On the day off appointment I was given 3 options and to cut a long story short I took the easiest to leave the country (on a given date) and withdraw my application. (by doing so I had forfeited the right to remain in the United States while
Waiting on my process to finish.)

I am now going through the CR1 visa in order to get back In to the country on a permanent basis. I have never broken a law or been involved in any wrong doing this was by far the biggest mistake I had ever made but it's because I just read the situation wrong. My fault.

My Esta as far as I can see is still valid on the Esta website still says 'authorization approved' and it's valid up until Oct 2014. I haven't don't anything to my knowledge to have to reapply for one as nothing has changed in regards to my situation. I am naturally concerned on arrival at the border or being sent back, but again I haven't done anything wrong and I will come with a return flight and a doctors letter to confirm my wife could give birth in April or latest May 12.

I have no intention of staying I leave on the 19th I just don't want to miss the birth off first born.

The majority on here are very well educated in the process so I'm just wondering if the above is fine and I'm not doing anything illegal? also I was asked to leave the country on a certain date (a month after my appointment at the embassy) and I did so, so this doesn't mean I was deported as far as I know, is that correct?

Thanks for all the help for now and I'm sure the future.

Edited March 26, 2014 by OfficialSono

[OfficialSono 0]

Ps: Is there any other document you think I should take along with me? I see a few mentioning the NOA form (this is the reciept sent to tell us the I-130 has cleared right? before the case is sent to the NVC?) should i also bring this along?

Thank you.

[OfficialSono 0]

Good morning,

I have a question I am going through the CR1 process currently after being 'paroled' from the United States because I left the country to visit my grandparents back in London for a week last year without authorization (authorization that I had applied for and eventually did arrive but it was too late). On arrival back at SFO I was asked questions by border petrol and eventually they took my passport and said 'the case is being referred to the SFO embassy' and they gave me a date to go and collect my passport.

So, a month later I went to collect my passport and explain myself once again to the embassy folk this time. The end result I was asked to leave the United States (a month from the interview) and wait for my process to finish in London (I had basically given up my right to remain in the USA while my process was ongoing) which I did at 'said date' and voluntarily.

The above does not count as deported right? in my passport it says paroled.

Now, my wife is 8 months pregnant and since I am going down the CR1 route as far as I can see I am able to travel down to the United States as a visitor and nothing else (I just want to see the birth of my child). My ESTA is still valid until Oct 2014 and again going by the above I don't see any reason I would have to reapply I haven't been deported, haven't committed a criminal offense ext.

am I correct in the belief that I can travel and I don't need to reapply for an esta?

Thank you.

Edited March 27, 2014 by OfficialSono

[Hypnos 6,576]

It sounds as though you may have been formally denied entry (parole isn't an entry, it's parole) which would require you to obtain a new ESTA, and that would be unlikely to be granted due to your previous issues.

Consulting with an attorney might be advisable. I'd be surprised if you managed to enter without issue on your existing ESTA.

[OfficialSono 0]

The part that confuses me the most is I was offered the opportunity to remain in the United States at my embassy appointment in San Francisco but turned it down because it's a shorter process to wait here in London obtain a green card and be done with the whole process.

So, that would mean I left voluntarily and I wasn't forced out or asked to leave.

On the ESTA website it asks you the following:

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *

C) Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved, in any way, in persecutions associated with Nazi Germany or its allies? *

D) Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United States or procured or attempted to procure a visa or entry into the U.S. by fraud or misrepresentation? *

E) Have you ever detained, retained or withheld custody of a child from a U.S. citizen granted custody of the child? *

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? *

as far as I can see I haven't done any of the above to warrant me reapplying for a new ESTA.

Edited March 27, 2014 by OfficialSono

[OfficialSono 0]

passport states Deferred inspection and then I withdrew so had to leave and wait in London.

[Ryan H 3,810]

Two posts moved from pinned topic to this thread to keep information in one place.

[OfficialSono 0]

Just to confirm for those that read and went through this thread I travelled to the US on wednesday and was successful in entering.