AP

[stevey 0]

My wife will be using her AP, (if she does not have her green card by then), to visit family in Mexico this fall or winter. I know there are no guarantees that you will be let back into the USA at the port of entry. Just curious if anyone has ever been denied entrance back to the US, and if so, what was the reason?

[russ 1]

My wife will be using her AP, (if she does not have her green card by then), to visit family in Mexico this fall or winter. I know there are no guarantees that you will be let back into the USA at the port of entry. Just curious if anyone has ever been denied entrance back to the US, and if so, what was the reason?

The most common reasons would be:

o You are subject to a ban from an overstay. Once AOS is complete, this goes away. AP doesn't help

o AOS denied/deemed fraudulent while you are gone.

or possibly (but unlikely),

o Immigration thinks you are a threat to the US. They won't tell you why, and in this case I don't think the green card would help anyway.

[k1_visa 0]

My wife will be using her AP, (if she does not have her green card by then), to visit family in Mexico this fall or winter. I know there are no guarantees that you will be let back into the USA at the port of entry. Just curious if anyone has ever been denied entrance back to the US, and if so, what was the reason?

The most common reasons would be:

o You are subject to a ban from an overstay. Once AOS is complete, this goes away. AP doesn't help

o AOS denied/deemed fraudulent while you are gone.

or possibly (but unlikely),

o Immigration thinks you are a threat to the US. They won't tell you why, and in this case I don't think the green card would help anyway.

what you mean with ¨overstay¨? Isnt the AP valid until it expiration day?

[Kez/JWolf 6]

Overstay is where you have been in the US on a visa and have stayed longer than you were allowed.... or like me you came on a VWP or tourist Visa and did AOS.... you cant use AP because you will not be let back in.....

If you have never overstayed on a visa then you have nothing to worry about....

Kezzie

Edited May 6, 2006 by Kezzie

[russ 1]

Just curious if anyone has ever been denied entrance back to the US, and if so, what was the reason?

Based on your timeline, unless you had some overstay in the past, you have nothing to worry about.

[stevey 0]

Ok, thanks for the replys.

[mcspooky 0]

Overstay is where you have been in the US on a visa and have stayed longer than you were allowed.... or like me you came on a VWP or tourist Visa and did AOS.... you cant use AP because you will not be let back in.....

If you have never overstayed on a visa then you have nothing to worry about....

Kezzie

Hi Kezzie,

I came on VWP and have applied for AOS/EAD and AP. I have an email saying AP approved and await paperwork in the mail. I submitted AOS etc. before the VWP expired. My understanding is that your status changed once you married and submitted AOS etc. paperwork and that you can you AP same as everybody else. Can you please confirm your source for your comments. I am due to go home to blighty but do not want to travel is there is any risk of denied entry. Many thanks for your assistance.

[Kez/JWolf 6]

Overstay is where you have been in the US on a visa and have stayed longer than you were allowed.... or like me you came on a VWP or tourist Visa and did AOS.... you cant use AP because you will not be let back in.....

If you have never overstayed on a visa then you have nothing to worry about....

Kezzie

Hi Kezzie,

I came on VWP and have applied for AOS/EAD and AP. I have an email saying AP approved and await paperwork in the mail. I submitted AOS etc. before the VWP expired. My understanding is that your status changed once you married and submitted AOS etc. paperwork and that you can you AP same as everybody else. Can you please confirm your source for your comments. I am due to go home to blighty but do not want to travel is there is any risk of denied entry. Many thanks for your assistance.

I was advised by both our lawyer and USCIS that as I entered on a VWP, if I left the USA I would have problems returning, it has something to do with being paroled into the US if you us an AP rather than being admitted if you use a visa or VWP..

From what I understand the issue is not a problem of getting in... rather the issue is giving up your appeal rights for removal. By adjusting on VWP, you already give up your appeal right within USCIS for the adjustment denial... when you're also a Parolee, you give up your right to go in front of an Immigration Judge to appeal the removal order. Basically, if you use AP when doing a VWP adjustment, you give up your right of appealing anything and any adjudicator who has a really bad day can ruin your lives in an instant with no review of that decision available...

It is important to know what the distinction is of being a Parolee... the distinction is that they allow your physical self to be permitted in the US. But your legal self is still at the POE waiting to be admitted to the US. So if you are denied, you have no right of appeal since your legal self is outside the US. Only those whose legal self is inside the US can go in front of an Immigration Judge to protest their removal.

Kezzie