Is It Risky to use AP while adjusting from B-2?

[sasaqlain 24]

Just want to know if there are people here who have used the Advance Paroles while adjusting status from VWP/Tourist? Is it safe to do so? Cause i have read here that they can deny admission without any reason. I dont have any overstays or anything and have always had a very clean traveling record. But might have to rush back home to take care of some business that needs my immediate attention. What should I do? The interview is nowhere in sight and its been 5 months since i submitted AOS. Looking at my field office, they are processing May 26th, 2008 cases. That way, i might not even hear from them till December. Anybody care to share?

[Bobby+Umit 161]

No overstay - then your safe from that.

But yes - the AP is just permission to travel prior to be able to do so freely. However, you still have to be eligible to re-enter.

It's not a gurantee - but you really have to mess up to not be able to enter.

Edited May 29, 2009 by Bobby_Umit

[sasaqlain 24]

any overstay?

Never. But when I was entering I only had a six months entry, which expired on 9th May 2009. I filed for AOS in Jan. 2009 hoping I would atleast face an interview before my visa expires. What do you think?

[sasaqlain 24]

No overstay - then your safe from that.

But yes - the AP is just permission to travel prior to be able to do so freely. However, you still have to be eligible to re-enter.

It's not a gurantee - but you really have to mess up to not be able to enter.

Eligible to re-enter? Would you care to explain. Do you think I am eligible to re-enter. My wife can't travel with me since she is in the 7th month of Pregnancy and it is not safe for her to travel. I have to go back for a week.

[Bobby+Umit 161]

If you look "fishy" to the CBP - like your carrying drugs or something - things like that. AP is just a glorified visa that allows you the right to attempt entry back into the states (when you normally can't).

So, like a regular visa, entry is not "automatic" - you still have to pass inspection with CBP. I would also carry the NOA for the AOS with me, just in case.

You don't appear to have any problems with your AP - so I wouldn't worry about it.

From the state department:

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the U.S. While having a visa does not guarantee entry to the U.S, it does indicate a consular officer at a U.S Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose. DHS/CBP inspectors, guardians of the nation’s borders, are responsible for admission of travelers to the U.S., for a specified status and period of time DHS also has responsibility for immigration matters while you are present in the U.S..

and a good read on AP:

USCIS AP

Edited May 29, 2009 by Bobby_Umit

[Killer_Clown_2009 0]

You are eligible to reenter with your AP. They have the AP for a reason. They also have a right to deny someone entry. In general, I don't think they just deny entry willy-nilly. So if you have the AP and no overstay, I would think you are pretty safe to travel. I've crossed the US/Canadian border hundreds of times (lived on the border and used to make weekly trips), and never once was denied entry.

Edited May 29, 2009 by jane2009

[sasaqlain 24]

If you look "fishy" to the CBP - like your carrying drugs or something - things like that. AP is just a glorified visa that allows you the right to attempt entry back into the states (when you normally can't).

So, like a regular visa, entry is not "automatic" - you still have to pass inspection with CBP. I would also carry the NOA for the AOS with me, just in case.

You don't appear to have any problems with your AP - so I wouldn't worry about it.

From the state department:

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the U.S. While having a visa does not guarantee entry to the U.S, it does indicate a consular officer at a U.S Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose. DHS/CBP inspectors, guardians of the nation’s borders, are responsible for admission of travelers to the U.S., for a specified status and period of time DHS also has responsibility for immigration matters while you are present in the U.S..

and a good read on AP:

USCIS AP

Ha Ha! Thanks Bobby_Umit! Where I come from, We all would be taken in as fishy characters regardless. But thank you for your detailed reply. It was as usual a GREAT HELP.

One quick question though. I do have a 5 years Mulitiple visa. Is that still valid? I mean, when re-entering, what would my status be during the travel. A B-2 entrant? or is there a different category for AP users?

[Bobby+Umit 161]

If you look "fishy" to the CBP - like your carrying drugs or something - things like that. AP is just a glorified visa that allows you the right to attempt entry back into the states (when you normally can't).

So, like a regular visa, entry is not "automatic" - you still have to pass inspection with CBP. I would also carry the NOA for the AOS with me, just in case.

You don't appear to have any problems with your AP - so I wouldn't worry about it.

From the state department:

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the U.S. While having a visa does not guarantee entry to the U.S, it does indicate a consular officer at a U.S Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose. DHS/CBP inspectors, guardians of the nation’s borders, are responsible for admission of travelers to the U.S., for a specified status and period of time DHS also has responsibility for immigration matters while you are present in the U.S..

and a good read on AP:

USCIS AP

Ha Ha! Thanks Bobby_Umit! Where I come from, We all would be taken in as fishy characters regardless. But thank you for your detailed reply. It was as usual a GREAT HELP.

One quick question though. I do have a 5 years Mulitiple visa. Is that still valid? I mean, when re-entering, what would my status be during the travel. A B-2 entrant? or is there a different category for AP users?

I would use the AP to re-enter. Better chance chance to enter with that than a B-2. (AP shows you are in the process of something in the US).

I would think you status would be "returning intending immigrant" though I am not sure on the exact status. Plenty of people have used the AP to return, with no problems.

Well - the ones that were not carrying drugs or anything like that....

[visacheck 3]

correct me if im wrong but i think anybody who has AP will still need to have a valid US visa to be able to re-enter. AP is not considered as an entry visa. you would still need to show both your visa and AP at POE... i think.

[Bobby+Umit 161]

correct me if im wrong but i think anybody who has AP will still need to have a valid US visa to be able to re-enter. AP is not considered as an entry visa. you would still need to show both your visa and AP at POE... i think.

AP is all that is needed.

For example, if you come here with the K-1, as soon as you entered, the K-1 is no longer valid (single use), however, you can use the AP later to leave the country and come back (while you are waiting for the AOS to go through).

(of course you still need your valid passport)

Per the 131 instructions:

The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States.

Edited May 29, 2009 by Bobby_Umit