Entering USA with the AP canceled

[MariaAndreas 9]

My situation: my family based AOS (wife of a citizen) was denied due to lack of one document. After that document had been obtained, I filed for Motion to Reopen, so my AOS case is probably being reconsidered now. Can I take my AP indicating its validity until Oct. 16, 2015 and supporting evidences (MTR, NOA and others) to show to a border officer that I am awaiting for decision on my AOS which is being reexamined?

Will I be considered illegally present in USA if I enter the country with my Advance Parole (not expired but canceled due to AOS denial) while waiting for decision on Motion to Reopen?

If I have chance to return home to my husband and wait for decision, it would be perfect! If even my MTR is denied, my spouse will petition for a spousal visa, but at least we could live and wait for it together.

Any advice would be appreciated.

[Starkilla09 366]

I wouldn't risk it at all if I were you considering AP already carries a risk of refusal in entry even in normal conditions, and an already even higher risk with the nature of your specific case. I'll wait till I have a green card to travel or risk refused entry and waiting outside for a spousal visa for more than 1 year. That's also contingent on whether it's an absolute emergency with risking it for.

[MariaAndreas 9]

Thank you for your answering Starkilla09

We have ben waiting for my Green Card for 10 months and even passed the interview! But unexpectedly it was denied for one ridiculous reason, when both me and my husband were sure it's on the way to our mailbox.

Anyway, what happened is happened. However, I don't have a big hope that I will be allowed to enter. The question is: what if I will?

Now, we risk with only money for tickets if I arrive, let's say, to Tijuana, Mexico (2 hour way by car from our house), where I don't need a visa. My husband would meet me there. We could sleep in a hotel and the next day try to cross a border together. If we fail, we just turn back, and I use my return ticket. If we succeed.... what's then? Will I be blamed in illegal presence in the U.S.? But I am a spouse of a citizen, and we have our house there. Do you think USCIS can give me hard time, or I would likely be forgiven? I know, many spouses get their documents after overstaying, often with lawyer's help. I don't think they will deport me violently from my house.

I am not scared to be stopped and turned back on a border. In the opposite, I am terrifying of what if I enter!

[Jawaree 717]

AP is no guarantee many attys do not recommend it unless for illness or death

[MariaAndreas 9]

Ok. I will remind my question.

I don't ask HOW to enter with AP.

I ask: WHAT IF I enter? What if a guard lets me enter? Will I make things worse than it is and be deported, or opposite, get more chances to solve the problems being there?

If they stop me and turn back, it's Ok, I consider it like approaching the border "just to ask". Lawyers say, I have all chances to be allowed to enter, but I worry what happens if I really enter. I have reasons not to trust lawyers, especially american ones.

[Starkilla09 366]

Ok this is the way AP works. An AP is issued so you can continue waiting for a pending immigration benefit to be adjudicated and they're tied together and one can't function without the other. CBP officers parole people so they can come wait for an action or adjudication to be taken on a pending immigration benefit. if an action has already been taken on an immigration benefit and it's negative, the AP forfeits its purpose since it's tied to the action and the applicant is certainly refused entry since there's nothing to wait for. An applicant for an immigration benefit ( on adjustment of status) is said to be on authorized stay as long as the benefit is still pending until an action is taken, so if you luckily get paroled in you'll be on authorized stay again because you can't be paroled if you're not going to be on authorized stay. So for you to get paroled as you can see you must have a pending immigration benefit with USCIS waiting to be adjudicated and it's going to be up to CBP to decide if your motion to reopen counts as a pending benefit or not and if you have other negative factors.

[PDXDD 28]

It's time to hire an experienced immigration lawyer. Or at least you can consult. I am sure there are better ways than the way you mentioned (to Mexico).

You keep asking what consequences are if you do unlawful things, Come on, you know the answer.

[MariaAndreas 9]

PDXDD, I would be happy to meet a good lawyer, but so far everyone of them has said different things, and no one knows answers on my questions. By the way, one of them advised me to go and try to enter ;-)

[PDXDD 28]

PDXDD, I would be happy to meet a good lawyer, but so far everyone of them has said different things, and no one knows answers on my questions. By the way, one of them advised me to go and try to enter ;-)

Lawyers suggested you to do illegal things(going to Mexico, then illegally cross the border) to solve legal issues? Are you sure? Are they Russian lawyers?

Are you sure you were meeting EXPERIENCED IMMIGRATION LAWYERS? of course each other has their own idea. But the bottom line is to be legal.

unbelievable ~~

still wish you good luck.

Edited July 30, 2015 by PDXDD

[MariaAndreas 9]

Lawyers suggested you to do illegal things(going to Mexico, then illegally cross the border) to solve legal issues? Are you sure? Are they Russian lawyers?

Are you sure you were meeting EXPERIENCED IMMIGRATION LAWYERS?

Actually, trying to enter with unexpired AP and a pending MTR is not really illegal border crossing. The officer would decide on his/her discretion to let me or not. We will not do it of course. It was jut a stupid idea, I agree. And yes, one of lawyers admitted it could work.

And why "russian" lawyers, do you have something against russians? It's all about USA, within its borders, and only! Of course, I asked american lawyers, but I really I don't know their initial nationality. There are many nationalities in California, especially Mexicans, so I don't ask everybody about his or her race/nationality, may be, I don't know. I don't think it really matters if they all have their licenses to practice a law in this country.

I don't know any lawyer personally to judge about his or her experience. I just see their rates on avvo and other sites and send letters to those who are highly rated on immigration field. I have no idea whether some of them is good or not. But so far, I have not found anybody cognizant in issues with Motions. The most of them can only fill in visa forms and unable to assist in difficult situations, only guess.

If you can recommend some "EXPERIENCED IMMIGRATION LAWYER", I would be happy to contact him/her.

Edited July 30, 2015 by MariaAndreas

[Lizzy90 7]

Well, I would think that if you fly to Russia and try to enter again, your AP isn't expired, it would be a legal entry. And they should let you go through...
But I don't know if the AP is still valid if the AOS is canceled...I mean you said that you sent that missing document in and they probably reopen the case. I think it shouldn't be a problem...I don't see why they would be mad at you. Maybe you can call USCIS and ask if your document was received and if the case is opened again so you know that your AOS is pending again. Then i wouldn't be worried about traveling...But that's just my opinion.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Working & Traveling During US Immigration Forum~

~Inquiry about AP travel~

[Hypnos 6,576]

After your AoS was denied then your AP and EAD were automatically invalidated. Even with you filing an MTR I'm not sure the AP and EAD have been automatically "re-activated".

If it were myself, I would not risk it.

Edited August 2, 2015 by Hypnos