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Filed: AOS (pnd) Country: Ghana
Timeline
Posted

In Matter of Arrabally Yerrabelly, a husband and wife entered the United States on tourist visas and overstayed for more than five years before applying for adjustment of status under 245(i) as the beneficiaries of an employment-based visa petition. The couple's adjustment applications were held in abeyance for several years, apparently due to visa retrogression. During this time, the couple requested and were granted advance parole on several occasions to visit their elderly parents, always returning within the terms of their advance parole. USCIS and later the immigration judge found that the couple triggered the unlawful presence ground of inadmissibility under INA § 212(a)(9)(B)(i)(II) when they returned to the United States with advance parole.


Earlier CIS Guidance and BIA Case Law on Advance Parole and Unlawful Presence. The BIA's decision in Matter of Arrabally Yerrabelly rejected earlier USCIS guidance and clarified its own case law on this issue. Agency memos from 1997 and 2009 had concluded that a departure pursuant to advance parole triggers inadmissibility pursuant to 212(a)(9)(B)(i)(II). This interpretation is reflected in the warning on the advance parole document that parolees may be inadmissible under 212(a)(9)(B)(i)(II) and ineligible for adjustment upon return. Similarly, the BIA's decision inMatter of Lemus, 24 I&N Dec. 373 (BIA 2007) "Lemus I," declared that "inadmissibility under 212(a)(9)(B)(i)(II) could be triggered by literally 'any departure' from the United States." In Matter of Arrabally Yerrabelly, the BIA refined Matter of Lemus and construed departures under advance parole in the context of Congressional intent.


The BIA's Rationale. The BIA reasoned that interpretations of the Immigration Act require guidance "to a degree by common sense, taking into account Congress' intention to enact a symmetrical and coherent regulatory scheme in which all parts are fit into a harmonious whole." Keeping this overall statutory scheme in mind, the BIA reviewed the legislative history of 212(a)(9)(B)(i)(II) and noted that this provision of the statute provides notice that those in the U.S. without authorization who depart the U.S. will be "unwelcome to return for at least 10 years thereafter." However, it is paradoxical to warn those who are returning to the U.S. with authorization, that is with advance parole, that they are "unwelcome to return." The BIA noted that it is inconsistent with the humanitarian purpose of advance parole to impose the unlawful presence bar because it transforms "advance parole from a humanitarian benefit into a means of barring relief." Therefore, the BIA held that an individual cannot become inadmissible under 212(a)(9)(B)(i)(II) based on a trip abroad with advance parole.


What about Others? While the specific circumstances of the Matter of Arrabally Yerrabelly case involve advance parole during the pendency of an adjustment of status application, the rationale of the case appears to apply equally to advance parole granted in other instances. For example, those granted Temporary Protected Status (TPS) status are allowed to travel and return to the U.S. pursuant to advance parole. The departure of TPS grantees under advance parole is also based on providing a humanitarian benefit and not creating "a condition of inadmissibility that may not have existed" before the individual departed the United States. Although the language of Matter of Arrabally Yerrabelly provides a basis for analogy to different factual circumstances, the case does not directly address advance parole in other scenarios. We will have to wait for the USCIS to interpret the BIA’s decision to understand its full impact. In the meantime, we will be advocating for a broad interpretation.


- Background -

04/18/2014 - Married in Columbus, Ohio (L)
-AOS Journey-
05/28/2014 - Sent AOS Package
05/29/2014 - AOS Package Delivered (Chicago Lockbox)
06/05/2014 - Text notification received and checks cashed
06/09/2014 - Received NOA1 in the mail
06/13/2014 - NOA (Biometrics) received. [Mailed out: Jun 09 2014]
06/01/2014 - Biometrics Appointment Date
06/16/2014 - Successful ASC early walk-in for Biometrics
06/24/2014 - E-mail and SMS Interview scheduling.
07/2/2014 - Interview date scheduled for 07/08
07/05/2014 Requested expedite service for EAD/AP Document
07/07/2014 - Interview Appointment hardcopy received in mail
07/08/2014 - E-mail and SMS for EAD/AP Document Production
07/14/2014 - EAD/AP card mailed :idea:
Posted

It is known.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: AOS (pnd) Country: Hong Kong
Timeline
Posted

Arrabally Yerrabelly is 5-6 years old. When is it news in 2014?

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

Posted

Arrabally isn't even two years old yet, but it's not exactly news either (more like olds at this point).

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

I did not know and thanks for sharing! :thumbs:

Love is a gift and not to be earned, therefore one should never hold any regrets for giving love regardless of the outcome...

http://www.whitehouse.gov/share/immigration-and-economy?utm_source=email&utm_medium=email&utm_content=email221-text1&utm_campaign=immigration

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