Got AP today, but worried...

[headoverheels 0]

I'm a lil confused about this AP..i have my AP in my hand right now! what is the purpose of this then? Our lawyer before filing our AOS asked us if we have any plan to travel anytime soon outside USA.. so she filed AP for us just in case we want to travel out of the country! So it means that If you have an approved AP you can travel outside US and intends to return to resume the process of your AOS. Oh well...we are not planing to go out of the country soon...butjust in case of emergency that I need to go back in the PH I can coz I have AP. .is that correct?

Thanks :-) But it's better to play safe !!!

[Bobby+Umit 161]

Hi All,

I went to the local USCIS office today under an INFOPASS appointment and they re-confirmed Kathryn41's and Bobby_Umit's interpretation of the triggering of the ban. They were suprised that our AP was approved, as it clearly was 7 months (more than 180 days) from expiration of TinTin's I-94 and the NOA date of the I485 AOS application. They said that when they processed AP requsts locally, they would not approve AP requests in this situation in order to avoid the potential confusion of the petitioner believing they were authorized for return, but, as Kathryn41 and Bobbu_Umit state, are at the whim of a border patrol officer to invoke or not the 3 year (or 10 year) ban that technically would be in pace even if the AP was used.

Thanks again to all who shared their understandings and experiences on this topic. I appreciate it.

Warm Regards,

Samby

Well - good thing you found out before you travelled.

[Bobby+Umit 161]

I'm a lil confused about this AP..i have my AP in my hand right now! what is the purpose of this then? Our lawyer before filing our AOS asked us if we have any plan to travel anytime soon outside USA.. so she filed AP for us just in case we want to travel out of the country! So it means that If you have an approved AP you can travel outside US and intends to return to resume the process of your AOS. Oh well...we are not planing to go out of the country soon...butjust in case of emergency that I need to go back in the PH I can coz I have AP. .is that correct?

Thanks :-) But it's better to play safe !!!

The AP is suppose to be used if there is an "compelling emergency" for the alien during AOS. *says so in the instructions*

But as the instructions also state, you need to make sure you are in the clear before you travel. As with any visa or AP, it doesn't automaticaly allow you re-entry into the US.

(similar to the "out of status" situation of the thread here)

Usually you won't have any issues, but all it takes is just one glitch and your not getting in.

That is why I always recommend for everyone to AOS as soon as they can, before there authorized stay expires. A lot of people wait past that point for various reasons, but there are posts here where that actually caused them problems.

So - just carefully read the instructions for the AP, and if you think you might not meet the requirements listed, don't chance it. I wouldn't count on one person stopping my love one coming back to the US!

[rebeccajo 14]

Just to add to this good thread - the definition of a parolee from DHS. Read the definition of a paroled entry and it might give any alien pause for re-entry using this document, out of status time or not.

http://www.dhs.gov/ximgtn/statistics/stdfdef.shtm#15

Parolee - A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist. Types of parolees include:

1. Deferred inspection: authorized at the port upon alien's arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.

2. Advance parole: authorized at an DHS District office in advance of alien's arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.

3. Port-of-entry parole: authorized at the port upon alien's arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.

4. Humanitarian parole: authorized at DHS headquarters for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.

5. Public interest parole: authorized at DHS headquarters for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings.

6. Overseas parole: authorized at an DHS District or suboffice while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens the DHS has processed through overseas parole have arrived under special legislation or international migration agreements.

Edited April 14, 2009 by rebeccajo

[gatita 0]

They don't really check if a person is eligible for AP- they seem to just give it out. We are in a grey area and were advised not to travel as well, but rec. the AP.

[Bobby+Umit 161]

They don't really check if a person is eligible for AP- they seem to just give it out. We are in a grey area and were advised not to travel as well, but rec. the AP.

Perhaps they believe the people applying for it have read the instructions and are "eligible".

Caveat emptor

[JeremyR 8]

Parolee - A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist.

This is precisely why I didn't apply for AP when my adjustment was pending. I know that USCIS have been a bit lax in issuing AP over the past few years for obvious non-emergency issues (some people here report receiving AP even without writing a purpose of trip on the form). I really didn't want to fly out and then discover that they've decided to toughen up and start implementing AP as it's 'meant to be'. I also really didn't like the definition of parolee. Reading the description again now, I'm left with the distinct impression that an AOS applicant who re-enters under AP is outside their protected 'pending' status in basically in a state of limbo.

My honest advice to any AOS-pending applicant would be don't use AP unless you absolutely have to. It's only 3 or 4 more months (between a typical AP issue date and interview/GC) so just wait it out and play safe by travelling home once you've got that precious green card in-hand.

[JillA 2]

Parolee - A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist.

This is precisely why I didn't apply for AP when my adjustment was pending. I know that USCIS have been a bit lax in issuing AP over the past few years for obvious non-emergency issues (some people here report receiving AP even without writing a purpose of trip on the form). I really didn't want to fly out and then discover that they've decided to toughen up and start implementing AP as it's 'meant to be'. I also really didn't like the definition of parolee. Reading the description again now, I'm left with the distinct impression that an AOS applicant who re-enters under AP is outside their protected 'pending' status in basically in a state of limbo.

My honest advice to any AOS-pending applicant would be don't use AP unless you absolutely have to. It's only 3 or 4 more months (between a typical AP issue date and interview/GC) so just wait it out and play safe by travelling home once you've got that precious green card in-hand.

I think if you got married within the 90 days and filed for AOS in the appropriate timeframe, using your AP is fine. I've spoken to many people on here who used their AP no problem and I used mine last week, it's really simple and straighforward. Now I wouldn't recommend using it if you filed for AOS after 1 year, but if you do everything the way you're supposed to you'll be fine coming back into the US. They have no reason to deny you entry.

[rebeccajo 14]

I think if you got married within the 90 days and filed for AOS in the appropriate timeframe, using your AP is fine. I've spoken to many people on here who used their AP no problem and I used mine last week, it's really simple and straighforward. Now I wouldn't recommend using it if you filed for AOS after 1 year, but if you do everything the way you're supposed to you'll be fine coming back into the US. They have no reason to deny you entry.

Jill - I've posted the legal definition not as a point to frighten readers, but to inform them. AP is used everyday by aliens to enter the US. It is, however, still useful to understand that a paroled entry changes an aliens status. This became a point of concern for my husband when we discovered he was caught in FBI namecheck and his greencard was delayed. Should it have become necessary for us to take the Service to legal task for issuance of his residency, it was necessary that his status be preserved. A paroled entry would have closed virtually every legal path that would have been available to him.

If an alien follows the law as they traverse this system, and if they are fortunate enough to find themselves in no scrapes (accidentally or otherwise) with US criminal or civil law, then by and large they will come out unscathed as a permanent resident or naturalized citizen with all the legal protections of a natural-born US citizen. In the meanwhile I believe it not unwise to remember that aliens reside in this country at the pleasure of our government with fewer rights and remedies than a US citizen. It is prudent to preserve what status one has in case of calamity.

[Nagishkaw 510]

I am a bit confused here, as well. My husband's GC is pending while he waits for the background checks to be completed before a decision can be made. However, due to his father's illness and his brother's up and coming back surgery,my husband IS leaving Saturday to return back to Egypt.

At the interview, we were given a piece of paper with the IO's supervisor's name and number on it. To make an infopass at this time is out of the question, so I phoned this man and left a message. My question was about using the AP. The supervisor called me back this morning and said as long as the AP was not expired, my husband could go ahead and use it. He assured me it would be fine. Unfortunately, I cannot get my husband to stay and sweat it out. This is a family emergency. I guess we will just have risk it.

[Craneman 2]

wow...

I never expected so many replies. I sincerely thank you all for your input. I guess I will have to break to the news to her that she will have to wait just a little bit longer. We were all excited because airfares to Rio are down to $663 and figured we could make a trip for her sisters wedding.

Thanks again and I welcome any additional news or input!

My fiance enterd the U.S. Oct 28, we were married Nov 1,

I-94 expired Jan 26

We had tickets to Brasil March 12, no AP or green card on March 10

Called my Senators office, 2 hours later got a phone call that the AP had been approved, and they were going to overnight the AP to us.

I said that we were to fly to Brasil on the 12 but that we would not have the AP in hand, they informed me that as long as the AP was approved she could leave the country and when I returned from Brasil I could send it or take it to her when I returned in May. And if we had problems entering the U.S. to call the office and they would help us.

Called the Senators office again last Wednesday to inquire why the Green Card was taking so long, got the letter yesterday saying the GC was approved.

When I return to Brasil I will take both the AP, unecessary now, and the Green Card to her.

Not sure how this relates to your case but contacting my Senators office has made a big difference, quick response and very friendly, returned my calls extremely fast and action within hours, aint that amazing.

[Bobby+Umit 161]

I am a bit confused here, as well. My husband's GC is pending while he waits for the background checks to be completed before a decision can be made. However, due to his father's illness and his brother's up and coming back surgery,my husband IS leaving Saturday to return back to Egypt.

At the interview, we were given a piece of paper with the IO's supervisor's name and number on it. To make an infopass at this time is out of the question, so I phoned this man and left a message. My question was about using the AP. The supervisor called me back this morning and said as long as the AP was not expired, my husband could go ahead and use it. He assured me it would be fine. Unfortunately, I cannot get my husband to stay and sweat it out. This is a family emergency. I guess we will just have risk it.

If you have a valid AP, and your husband never aquired 180 days or more of "out of status", you should have no worries of using the AP.

In fact, the AP is for "compelling emergencies" -

[griz30 0]

So now that everything is as clear as mud, I still am not sure...My wife came in June 08 and we got married in Aug 08 (well within the 90 days) We filed the AOS in mid Feb 09 and she had her fingerprints done March 27th. We filed later because I had to move and I wanted to avoid the change of address problem. So now we are waiting for the AP to take a trip in June or July back to Thailand. So from what everyone is saying is that she should not travel ? I thought with the AOS in the works that a valid AP should be a problem.....Please advise with experience

[JeremyR 8]

Please advise with experience

No experience of my own, however, getting the calculator out and using the dates in your timeline, she was out of status for 182 days (I-94 expired Sep 5th 2008, NOA1 date Mar 6th 2009). The three-year ban is triggered after 180 days out of status so assuming the dates in your timeline are 100% accurate, she's slightly on the wrong side of the line. Unfortunately, USCIS and CBP don't deal in 'slightly' so given the advice regarding people who've had overstay using AP that was given above, I wouldn't risk it if I were you.

IANAL, etc...

[Nagishkaw 510]

I am a bit confused here, as well. My husband's GC is pending while he waits for the background checks to be completed before a decision can be made. However, due to his father's illness and his brother's up and coming back surgery,my husband IS leaving Saturday to return back to Egypt.

At the interview, we were given a piece of paper with the IO's supervisor's name and number on it. To make an infopass at this time is out of the question, so I phoned this man and left a message. My question was about using the AP. The supervisor called me back this morning and said as long as the AP was not expired, my husband could go ahead and use it. He assured me it would be fine. Unfortunately, I cannot get my husband to stay and sweat it out. This is a family emergency. I guess we will just have risk it.

If you have a valid AP, and your husband never aquired 180 days or more of "out of status", you should have no worries of using the AP.

In fact, the AP is for "compelling emergencies" -

He has a valid AP. He arrived in August 2008, we married 3 weeks later and filed for the AOS in September. Thank you, B.U. and Kathryn for all the info you have provided.