Entry denied at the POE

[k1_visa 0]

I have to travel to my home country for several days and Im planning to return the USA using my Advance Parole. If for whatever reason the officer at the port of entry doesnt let me enter the country....

Does it mean that I won´t be able to return the USA anymore or I have the chance to return my country of origin and try it again?

Thanks

[kaydee457 13]

I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?

[Kez/JWolf 6]

Why do you think you will be denied?????

Kezzie

[antone 0]

I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?

AP isn't a guarantee of re-admission. Denial is unlikely, but possible.

[k1_visa 0]

I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?

Becouse I ll be abroad for a long time( almost 3 months). Could it be a reason for a denial?

[Kez/JWolf 6]

Being out of the country for 3 months on AP is not a good Idea.... 3 months would not be classed as a normal vacation period.... what will you do if you are called for your interview durring that time???

I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....

Kezzie

[Fischkoepfin 1]

I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.

[k1_visa 0]

I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.

Thanks for the answers. Ive already had my interview and my AOS is pending due the Name Check.

Is it a rule that being out of the country more than 2 months is abandoned of the application?

[dmartmar 1]

Being out of the country for 3 months on AP is not a good Idea.... 3 months would not be classed as a normal vacation period.... what will you do if you are called for your interview durring that time???

I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....

Kezzie

I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.

The OP knows all of this, which is why he asks what he does.

But my question to the OP is: where is your USC spouse in all of this? Is he/she ok with the idea of being apart for 2-3 months or longer and even perhaps forever, if you are not allowed re-entry to the US?

[raphael7546 0]

when I had my AOS interview , the officer took my AP & Ead forms. He said they were no longer valid. He told me I couldn't travel until my Greencard came in the mail.

I would book an info pass appt asap and ask them about your AP.

[meauxna 15]

I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.

Fischko, I know you read different stuff from me, so I was wondering if you had a source for this? (or Kezzie--)

It made me quite curious and all the info I came up with indicates that there is no time limit for being outside the US on Advance Parole *other than* returning to the US by the expiration date of the AP itself.

More official-like:

http://www.murthy.com/news/UDretbef.html

From time to time, we receive questions asking when it is necessary to return if one is traveling on AP. The AP document, Form I-512, contains a clearly stated expiration date. The Form bears the statement, "presentation of the original of this document prior to (date) will authorize an immigration officer at the port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States." This date is generally one year from the date the AP was initially approved. The return to the U.S. must occur before the stated date. Travel plans should be made to allow for potential problems such as flight cancellations, illnesses and the like.

http://www.murthy.com/rumor.html

Chat User : If someone uses advance parole (AP) during the I-485 stage INS may respond with an RFE or transfer the case to a local INS office. INS does not like people at this stage to use AP. Posted February 25, 2003

Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.

Less official-like:

http://www.immigrationportal.com/archive/i...p/t-205418.html

it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.

http://www.russianmeetingplace.com/forums/...read.php?t=1801

There is a paragraph that states... Presentation of the original of this document prior to {1/10/2007} will authorize an immigration officer at a port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States: As an Alien paroled pursuant to section 212(d)(5) of the Immigration and Nationality Act.

AUTHORIZATION: The holder of this authorization is an applicant for adjustment of status under the Immigration and Nationality Act. The holder departed the United States temporarily and intends to return to the United States to resume processing of the adjustment of status application. Contingent upon his or her prima facie eligibility, the holder of this document shall be paroled into the United States pursuant to the authority of the Director, National Benefits Center (formerly known as the Missouri Service Center). VALID FOR MULTIPLE APPLICATIONS FOR PAROLE INTO THE UNITED STATES. Parole is authorized for one year.

I spoke with a Customer Service Rep and asked him how long my wife can be out of the country on Advanced Parole and he said that there were no restriction unless it states on the document.

me: I can see a loophole against the parolee in that 'prima facie' phrase, but I have still never heard of a timelimit for AP holders to have to return to the US.

It would be good to have some more factual information about this topic--I've seen it come up a couple of times lately, which is why I looked. If anyone has any info on this, please jump in!

[k1_visa 0]

I don't think you're allowed to leave the US on AP for more than 60 days; if you stay abroad longer your AOS will be considered abandoned. So, I think you should consider returning within this timeframe. Otherwise, you'll probably denied entry.

Fischko, I know you read different stuff from me, so I was wondering if you had a source for this? (or Kezzie--)

It made me quite curious and all the info I came up with indicates that there is no time limit for being outside the US on Advance Parole *other than* returning to the US by the expiration date of the AP itself.

More official-like:

http://www.murthy.com/news/UDretbef.html

From time to time, we receive questions asking when it is necessary to return if one is traveling on AP. The AP document, Form I-512, contains a clearly stated expiration date. The Form bears the statement, "presentation of the original of this document prior to (date) will authorize an immigration officer at the port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States." This date is generally one year from the date the AP was initially approved. The return to the U.S. must occur before the stated date. Travel plans should be made to allow for potential problems such as flight cancellations, illnesses and the like.

http://www.murthy.com/rumor.html

Chat User : If someone uses advance parole (AP) during the I-485 stage INS may respond with an RFE or transfer the case to a local INS office. INS does not like people at this stage to use AP. Posted February 25, 2003

Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.

Less official-like:

http://www.immigrationportal.com/archive/i...p/t-205418.html

it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.

http://www.russianmeetingplace.com/forums/...read.php?t=1801

There is a paragraph that states... Presentation of the original of this document prior to {1/10/2007} will authorize an immigration officer at a port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States: As an Alien paroled pursuant to section 212(d)(5) of the Immigration and Nationality Act.

AUTHORIZATION: The holder of this authorization is an applicant for adjustment of status under the Immigration and Nationality Act. The holder departed the United States temporarily and intends to return to the United States to resume processing of the adjustment of status application. Contingent upon his or her prima facie eligibility, the holder of this document shall be paroled into the United States pursuant to the authority of the Director, National Benefits Center (formerly known as the Missouri Service Center). VALID FOR MULTIPLE APPLICATIONS FOR PAROLE INTO THE UNITED STATES. Parole is authorized for one year.

I spoke with a Customer Service Rep and asked him how long my wife can be out of the country on Advanced Parole and he said that there were no restriction unless it states on the document.

me: I can see a loophole against the parolee in that 'prima facie' phrase, but I have still never heard of a timelimit for AP holders to have to return to the US.

It would be good to have some more factual information about this topic--I've seen it come up a couple of times lately, which is why I looked. If anyone has any info on this, please jump in!

Thanks for answer me.

Anyway, many people in this forum still thinks that one could be denied at the POE becouse the extension of the trip abroad....wich lead me to the question I asked at the begining of this Topic:

If you entry is denied for whatever reason, can you take another flight few days later and try it again or its a permanent ban?

Many thanks.

[Kajikit 65]

Personally I'd say that since the VWP allows you to visit various places for up to 90 days, that must be a 'normal vacation time'. I wouldn't worry about it! I just wouldn't try to stay away for longer than that. You have the AP to show them when you come back...

[meauxna 15]

Thanks for answer me.

Anyway, many people in this forum still thinks that one could be denied at the POE becouse the extension of the trip abroad....wich lead me to the question I asked at the begining of this Topic:

If you entry is denied for whatever reason, can you take another flight few days later and try it again or its a permanent ban?

Many thanks.

I think it's fairly clear that none of us *knows* with any certainty. The only "sure"{ answer you can get is from an immigration attorney (many will let you ask one question like this for a nominal fee).

If your entry is denied for (whatever) reason, whether or not you can be admitted later depends on what the reason was for the denial in the first place.

There is no way to answer the question you ask.

[Yodrak 7]

Actually, AP does not allow admission. It allows just what it's name says - parole. There's a difference.

Yodrak

I hate to answer a question with a question but....why the heck are you worried about re-entry if you have a valid AP document?

AP isn't a guarantee of re-admission. Denial is unlikely, but possible.

Kezzie,

Yet, my wife and stepson were out of the USA for just about 3 months during the summer school break and were parolled back into the USA without question regarding the length of their vacation either at the POE or their adjustment interview.

Why do you think that they should or would have been quizzed?

Yodrak

Being out of the country for 3 months on AP is not a good Idea.... 3 months would not be classed as a normal vacation period.... what will you do if you are called for your interview durring that time???

I would think if you were gone for 3 months you will get quizzed about it at interview assuming you get back into the US.....

Kezzie