Re-enter US using advance parole

[Pitaya 2,577]

One post in the thread has been removed for being nonresponsive.

1. Over and over, some new members persist in posting misinformation and partial truths in a dangerously cavalier posting style when they don't know what they don't know. A typically appropriate "defensive response" is to read, study the Guides, read more, and contribute on the basis of actual fact, with care taken so that nothing can be misinterpreted. The experienced members of this forum typically know what they're talking about. It's therefore wise to heed their input and learn from it, before barreling in with unwashed advice. There is very good reason that experienced forum members have been correcting your posts.

2. Importing drama from another thread risks administrative action.

3. You're allowed to state your opinions, and others are allowed to correct serial misinformation perpetuated through many posts in various forums. The need to correct misinformation would be far less if some new members took more time to learn and study from reasoned answers posted by experienced members.

Si, man !

[nica25 0]

We just went to 2nd info pass this morning and when I ask about using my advance parole to go back in the philippines the IO she seem not so sure what to answer becoz I'm 40 days out of status and she looked on the computer my status change just this morning they approve my I-485

And I said I have to travel next week to pick up my k2 and she asked my passport I give it to her she stamp my passport to be safe to travel

I think the 2nd info pass help

Thank you

[Pitaya 2,577]

We just went to 2nd info pass this morning and when I ask about using my advance parole to go back in the philippines the IO she seem not so sure what to answer becoz I'm 40 days out of status and she looked on the computer my status change just this morning they approve my I-485

And I said I have to travel next week to pick up my k2 and she asked my passport I give it to her she stamp my passport to be safe to travel

I think the 2nd info pass help

Thank you

Congrats !!

[Pitaya 2,577]

(quoted post removed for continuing inappropriate discussion after moderator warning removed - VJ Moderation)

PLEASE, can you be gracious and congratulate the OP on a big day in their immigration journey?

Edited July 26, 2014 by Kathryn41
to remove quoted post already removed

[KayDeeCee 4,893]

We just went to 2nd info pass this morning and when I ask about using my advance parole to go back in the philippines the IO she seem not so sure what to answer becoz I'm 40 days out of status and she looked on the computer my status change just this morning they approve my I-485

And I said I have to travel next week to pick up my k2 and she asked my passport I give it to her she stamp my passport to be safe to travel

I think the 2nd info pass help

Thank you

Congrats on your green card approval! I am glad they gave you the I-551 stamp in your passport so you can go and get your child without worrying about AP and not having the actual green card in hand. That is good news for you.

[sheldonsgirl 19]

Amen KayDee

Your opinion stated you would not use it if out of status for any amount of time. What other reason, other than the possibility of triggering a ban for overstay when leaving, would there be for not wanting to use AP if you had been out of status? Not an opinion or what you assume or believe may happen. An actual reason.

I posted information about why it is safe for an adjustment applicant to use the AP that was granted to them, even if they had overstay. No one ever stated re-entry was an absolute guarantee, and I pointed out there is no guaranteed entry with a green card either.

Also, if you look back, at first I did address your personal feelings on the matter by stating that if you personally did not want to use it, then don't. I would find it just as odd for someone to post that they would personally not use a K-1 visa to enter the US, even when they are in no position to ever need to use such a visa, because there is no guarantee of entry with a K-1 visa. Trying to scare other people away from using it based on your opinion is not helpful. People that have shared their experiences, good or bad, after actually using AP are helpful. Those type of posts can already be found here on VJ.

You have posted misinformation around VJ. You like to argue against the actual instructions and immigration laws in favor of how you think/believe/assume it should work. Misinformation, even if deemed 'simply an opinion', is still misinformation. It confuses the issue and hurts people looking for actual, straightforward answers to their questions. Bickering back and forth with your opinions/beliefs against the facts causes those correct, needed answers to get lost in the bogged down thread due to people trying to get the correct information out there. If you post misinformation, someone is bound to come along and correct it. It is not bashing you.

[S_R 148]

Congrats!

[M and C 32]

Your wife can safely use the AP to re-enter the US. I used mine once last year. I was away for a month. While in the USCIS website it does say a warning that the AP is not a guarantee for re-entry, fortunately in my case, there were no problems. You would also find posters here in VJ who also used their AP and didn't have any problems.

[Mina90 134]

(quoted post removed as continuing inappropriate discussion after moderator warning removed - VJ Moderation)

Whoa, chill out. If you want to "discuss/exchange opinions and ideas", there is a sub-forum here on VJ for that in General Discussion/Off Topic sections. This subsection is for AOS that the OP needed FACTS on, not people's opinions. When I joined this forum, I needed facts to help me with my husband's petition and it was very helpful. Thank goodness people weren't wasting my time giving opinions. I'm sure people who seek help here would want help from experienced members . (One inappropriate comment has been edited out - VJ Moderation)

CONGRATS TO YOU OP!

Edited July 26, 2014 by Kathryn41
to remove quoted comment already removed

[subwayguy 100]

(continuation of inappropriate discussion after moderator warning has been removed - VJ Moderation)

Oh, btw , congratulations on the approval.

Edited July 26, 2014 by Kathryn41
to remove inappropriate discussion

[KayDeeCee 4,893]

(quoted content already removed also removed -VJ Moderation)

There are facts regarding the use of AP for an adjustment applicant. I posted them in this thread. The use of AP is not a matter of opinion. You can Google Matter of Arrabally and Yerrabelly for yourself.

I posted a link to the BIA ruling, Matter of Arrabally and Yerrabelly and I posted a link and quote from the U.S. Department of State Foreign Affairs Manual stating the immigration law. It clearly does state that you can use AP to re-enter the US if you are an adjustment applicant. I bolded the part of the FAM section that said so. > The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the aliens pending application for adjustment of status.

Someone with overstay that is an adjustment applicant and has applied for and been given AP is not subject to the bar when leaving the US. They can use the AP to re-enter and be paroled back into the US. The I-131 instructions used to have a travel warning about not using it if you had been unlawfully present because you could trigger a 3 or 10 year bar. That warning has been removed. You can Google for an older version of the I-131 and see how they have changed since the BIA ruling in 2012.

No one is ever guaranteed re-entry with AP, overstay or not. Using it is up to the individual. I was just pointing out the law. If a lawyer advised you not to travel with AP before getting your green card. That is fine, but that does not mean the law states you cannot do so.

(additional commentary continuing the removed discussion has been edited out - VJ Moderation)

Edited July 26, 2014 by Kathryn41

[Kathryn41 3,205]

First, congratulations to the OP on being approved as a Permanent Resident.

Second, a number of posts continuing the inappropriate discussion after the warning posted by a moderator have been removed or edited to remove the continuation of that inappropriate discussion.

Please do not hijack someone else's thread to discuss your 'opinions'. VJ works because we can share our personal experiences, but posting misinformation, even if you are trying to be helpful, may end up hurting someone rather than helping them. If you wish to get into a dialogue about the non-case specific in and outs of the immigration process, please use the General Immigration Discussion forum or the Immigration News and Discussion forum. Case specific threads are here to help the original poster with their particular circumstances, and 'opinion' unsubstantiated by experience or backed by documented sources hijack the thread away from the original intent.

As the OP has received a satisfactory conclusion to their personal circumstances it should no longer be necessary to post anything in this thread other than a 'congratulations'. Failure to follow this 'advice' will result in administrative action.

VJ Moderation

[Dave&Roza 748]

Where's the eating popcorn smiley for this thread has been an interesting read.

Congratulations to the OP for getting this resolved. Now you have the I-551 stamp in your passport you do not need to worry about using the AP--I would still take it along as a back-up. Maybe the actual GC will arrive before travel.

Safe travels and again CONGRAT!.

Dave

[TBoneTX 44,869]

OP, congratulations!

[Ryan H 3,810]

***One post continuing inappropriate discussion in this thread removed and one member thread banned for ignoring warnings to cease and desist.***