Advanced Parole - Getting back to the States

[Lisa-O 8]

Hey Everyone!

Hope everyone is well...nearly the weekend

I have received my employment auth and advanced parole card this morning while filing for AOS from K1...my husband and I plan to visit the UK for aprx 10 days to visit family and grandparents.

I'm excited for that, BUT I'm not excited for the return journey and getting back into the states...I had a B1/B2 visa due to a criminal conviction 5 years ago (sleeping in my car whilst over the alcohol limit, stupid me! and nothing before or since, not even a parking ticket). Now the B1/B2 visa has expired which means if I was using the VWP I would be declined upon trying to enter the country, BUT I was advised that because I'm applying for adjustment of status, the AOS would come before the B1/B2.

So long story short...will I be declined entry to the US using my advanced parole card with an expired B1/B2?

Thanks in advance

[VanessaTony 3,567]

Well, HAVING AP does not guarantee entry, which I'm sure you know.

Obtaining the K1 they decided your criminal conviction wasn't relevant and gave you the K1 visa to enter the US.

Simply getting the visa does not override any of the criminal stuff but you were vetted about it which you could try and argue if questioned, but that's the issue, you most likely DON'T want to get questioned or have issues.

None of us can tell you for 100% certainty that you would be okay. You could still get an officer at CBP that decides to make it an issue. But you might not... You could sail through without a sideways glance, you might not.

Personally, I would not use AP. I would wait until your GC is approved. Only then are you for sure "forgiven" about that. It's just not worth risking everything you have paid, and everything you have gone through... especially because I'm sure you wouldn't enjoy your trip as much because you'd be worried about the "what if's".

Good luck with your decision.

[Lisa-O 8]

Thanks for the information...every time I visited my (then) fiance, I was taken to be interviewed further in immigration. You're right, it might not be an issue, but if it is, then it's deportation. I was wondering if anyone had been in a similar situation?

Thanks @VanessaTony

[milimelo 4,481]

Moving to AOS from family based visa.

[Harpa Timsah 13,258]

OP: You seem a bit confused. Your B2 is over and done. Dead. You can't use it anymore. You are also not using VWP. Don't even try to get an ESTA. It doesn't apply to you at all.

You are entering the US on the AP.

The rules for VWP etc don't apply to you any more. That is all in the past, no longer applicable to you. You have obtained a K-1 visa, presumably you admitted about the issue (I can't believe sleeping in a car while drunk is illegal, btw, interesting). You have since married the petitioner for the K-1 and have applied for AOS.

You will be paroled with your AP.

[Nich-Nick 3,354]

I hadn't thought about this before so that makes me have a question to add to her question.

I normally think of the AP as something shown to CBP at US immigration.

At Heathrow they screen the check-in for departure line to make sure everybody got their ESTA approved. Those traveling on a visa, show the valid visa. So what if one didn't have ESTA or a valid visa? Will they let you on the plane with only an AP authorization? I guess if K1s from non-VWP countries are allowed to use it to board, then it must be okay. I was kind of puzzled given what they do at Heathrow where most travel on VWP and some with visas. Not something I had considered before if you have neither.

[Harpa Timsah 13,258]

Yes they will check the AP. It is a travel document in a broader sense, like a visa, an ESTA, or a GC.

[Lisa-O 8]

OP: You seem a bit confused. Your B2 is over and done. Dead. You can't use it anymore. You are also not using VWP. Don't even try to get an ESTA. It doesn't apply to you at all.

You are entering the US on the AP.

The rules for VWP etc don't apply to you any more. That is all in the past, no longer applicable to you. You have obtained a K-1 visa, presumably you admitted about the issue (I can't believe sleeping in a car while drunk is illegal, btw, interesting). You have since married the petitioner for the K-1 and have applied for AOS.

You will be paroled with your AP.

Thanks for the info...just being really cautious due to the impact of being denied. I'm bitter about the conviction, the police officer stated if this had been a second offence, it wouldnt have been an issue?? And being within 300 ft of your car with your keys under the influence comes under 'intention to drive', completely embarrassing!!

Thanks for the info...just being really cautious due to the impact of being denied. I'm bitter about the conviction, the police officer stated if this had been a second offence, it wouldnt have been an issue?? And being within 300 ft of your car with your keys under the influence comes under 'intention to drive', completely embarrassing!!

*30 ft even!

[Lisa-O 8]

I hadn't thought about this before so that makes me have a question to add to her question.

I normally think of the AP as something shown to CBP at US immigration.

At Heathrow they screen the check-in for departure line to make sure everybody got their ESTA approved. Those traveling on a visa, show the valid visa. So what if one didn't have ESTA or a valid visa? Will they let you on the plane with only an AP authorization? I guess if K1s from non-VWP countries are allowed to use it to board, then it must be okay. I was kind of puzzled given what they do at Heathrow where most travel on VWP and some with visas. Not something I had considered before if you have neither.

They brought it up when I moved to the states as my B1/B2 was expiring...I pointed out I had K1 and it was fine. Im sure they wouldn't have issued the AP if it was going to be an issue...I'll just take a copy everything with me!!

[Nich-Nick 3,354]

They brought it up when I moved to the states as my B1/B2 was expiring...I pointed out I had K1 and it was fine. Im sure they wouldn't have issued the AP if it was going to be an issue...I'll just take a copy everything with me!!

When you moved, you had a valid K1 visa which is still a visa to show for boarding. Now you have no visa. K1 is now void. Harpa gave a good answer above.

[VanessaTony 3,567]

They brought it up when I moved to the states as my B1/B2 was expiring...I pointed out I had K1 and it was fine. Im sure they wouldn't have issued the AP if it was going to be an issue...I'll just take a copy everything with me!!

I'm still not 100% and personally wouldn't risk it for a 10 day non-urgent visit, but Harpa is very knowledgeable and I would hope she's right.

That said, they issue the AP if you apply for it. They don't check to see whether you would be permitted to use it. Even says on it that it's no guarantee of entry. Heck, people can apply well after 180 days of overstay and still have it approved. Those people then leave the US and trigger the ban based on their overstay and can't re-enter. Just because you have it doesn't mean you can successfully use it.

[Harpa Timsah 13,258]

They brought it up when I moved to the states as my B1/B2 was expiring...I pointed out I had K1 and it was fine. Im sure they wouldn't have issued the AP if it was going to be an issue...I'll just take a copy everything with me!!

"They brought it up."

What is "it?"

Your conviction? Or the fact that B2 was close to expiry?

Conviction and VWP and B2 are getting tossed all around here and I am not sure what's what.

B2 is all over and done, dead. Same with VWP. You are no longer a visitor to the US.

So are you asking about your conviction?

Edited September 19, 2013 by Harpa Timsah

[brr5 6]

In Montana if you are in your vehicle and if the car is running or even if the key is still in the ignition and NOT running you can get a DUI even if they were not physically driving the vehicle at the time of the DUI stop. If you fell asleep in your vehicle with the keys in the ignition or if the keys were in your possession you may still be arrested on a DUI charge because you were displaying physical control of the vehicle by possessing the keys to the vehicle.

OP: You seem a bit confused. Your B2 is over and done. Dead. You can't use it anymore. You are also not using VWP. Don't even try to get an ESTA. It doesn't apply to you at all.

You are entering the US on the AP.

The rules for VWP etc don't apply to you any more. That is all in the past, no longer applicable to you. You have obtained a K-1 visa, presumably you admitted about the issue (I can't believe sleeping in a car while drunk is illegal, btw, interesting). You have since married the petitioner for the K-1 and have applied for AOS.

You will be paroled with your AP.

[Boiler 45,522]

Does not sound like a CIMT?

[Lisa-O 8]

"They brought it up."

What is "it?"

Your conviction? Or the fact that B2 was close to expiry?

Conviction and VWP and B2 are getting tossed all around here and I am not sure what's what.

B2 is all over and done, dead. Same with VWP. You are no longer a visitor to the US.

So are you asking about your conviction?

Sorry, I meant when checking in at the airport the clerk brought up that my B1/B2 visa was expiring. But as you said that's now obsolete then it should be ok. I read on another forum of 2 people who were in the same situation and had no problems returning, so both the information you gave me and the other first hand info has put my mind at rest. Thank you