Why is there an AP?

[Yodrak 7]

Anna,

You continue to miss the operative issue. You have no right to reside in the USA at this point in time. You have applied to be given that right, but until your application is approved you cannot just enter the country whenever it suits your fancy.

Yodrak

Thanks for your answers. I came on a visa, but I don't see any point of not being allowed to travel for short amounts of time, e.g. a two week visit at home. I mean we all sit at home waiting for EAD and/or AOS and it is waisted time, I'd love to see my family for a week or so since we haven't seen each other in 8 months.

Thanks, Anna.

[am1996 0]

But, the best discussions (folinskyinla does not post to VJ) will be found on google/groups at alt.visa.us.marriage-based.

Thank you, I found this very interesting discussion.. I don't think that there is any question that any person using any type of "parole" (including Advance Parole) is not deemed "admitted" into the US within the meaning of the federal regulations (I specifically mention it in one of my posts above).

The reason that it is important is because "admitted" aliens have a number of legal rights that those who are merely "paroled" but not "admitted" do not. The way I read case law, however, is that those aliens who were initially "admitted" into the US within the meaning of the law and who subsequently used AP (as opposed to any other types of parole) to leave and reenter should have the same exact legal rights as if they never left the country using AP. This is because 8 U.S.C. 1255a(a)(3)(B ) provides that those aliens using AP for "brief, casual, and innocent absences from the United States" are NOT deemed to have violated the "continuous legal presence" requirement of the AOS statute partly because an AP entry is not considered an "admission." Consequently, aliens who have left and reentered the country on AP should be able to use their previous official "admission" into the US to give them legal rights that all other "admittees" have under the law.

As always, please note that this post as well as my all other posts on this board are only intended to express my own opinion on this subject and are not to be used as any type of advice or guidance to others. Although I am a lawyer and have reviewed a number of cases and regulations on this issue, I am not an immigration lawyer and cannot be sure that my understanding of this matter is complete. Consequently, people are strongly advised not to rely on my or any other posts or information found on the Internet without double and triple checking the accuracy and completeness of the information and, when warranted, consulting a qualified immigration attorney.

[Anna C. 4]

Thanks for your answers, but it still makes no sense to me. I'd like so much to visit my family, and AP takes way too long.

I just don't know any European country that has a similar regulation.

[Carlawarla 1]

I loathe the wording of the whole thing..."Advanced Parole". I work in the Criminal Justice System, and these words in my world hold a WHOLE new meaning! hehe

Carla

[am1996 0]

I loathe the wording of the whole thing..."Advanced Parole". I work in the Criminal Justice System, and these words in my world hold a WHOLE new meaning! hehe

Carla

I never thought of it like that Thanks for the laugh!

[Yodrak 7]

Carla,

It's not a new meaning at all - it's very much the same meaning.

- Make a mis-step and a paroled convict can be sent back to prison with less 'due process' than a 'normal' person.

- Make a mis-step and a paroled alien can be sent back to their home country with less 'due process' than an alien who has been admitted.

advance (no 'd') parole means exactly what the words say

Yodrak

I loathe the wording of the whole thing..."Advanced Parole". I work in the Criminal Justice System, and these words in my world hold a WHOLE new meaning! hehe

Carla

Edited October 6, 2006 by Yodrak

[jonty 0]

Hi,

Does anybody know the reason of AP, why it was implemented? My husband and I just don't see the reason behind it. What would it hurt if spouses travelled back home for a week or two? A lot of us have some stuff to do, e.g. I'd like to organize the transport of all my stuff to America (flatware, dishes, pictures, ski, etc.).

We are just curious to know.

Thank you!

Anna

Hello,

You do require the Advance parole to travel out of the US. It is generally issued in two months time. If your trip is very urgent then you need to prove it to the officials and have it posted to the US consulate in that country or have it posted to any of your friends house in the US.

[meauxna 15]

If your trip is very urgent then you need to prove it to the officials and have it posted to the US consulate in that country or have it posted to any of your friends house in the US.

Are you sure about that?

The way I understand it, one must apply for AND recieve the Advance Parole before they leave the US.

The ReEntry Permit is different, and more like you describe.

[Yodrak 7]

jonty,

I agree with meauxna.

I wrote about the 'parole' part of the term 'advance parole' in a previous thread in this post. The 'advance' part has meaning also.

Yodrak

If your trip is very urgent then you need to prove it to the officials and have it posted to the US consulate in that country or have it posted to any of your friends house in the US.

Are you sure about that?

The way I understand it, one must apply for AND recieve the Advance Parole before they leave the US.

.....

[rebeccajo 14]

Where did I get the idiotic notion that AP has no expiry date?

I'm looking at my husbands AP document and it appears to have a one-year 'shelf-life'.

I guess it means what it says. But I could have sworn I read something that says they don't expire.