Information needed for getting emergency AD after filing AOS

[Mike-eeh and Odie 193]

So even i have overstayed over 6 months, i can still get AP and travel back and come back? or is there a chance i will be denied when i enter the country.

Thank you for the help.

Yes, there is always a chance you can be denied entry. A Visa, AP, or a even green card does not guarantee you entry. An immigration officer has the sole discretion to deny and allow anyone entry.

[Unidentified 2,930]

Yes, there is always a chance you can be denied entry. A Visa, AP, or a even green card does not guarantee you entry. An immigration officer has the sole discretion to deny and allow anyone entry.

State you source please because USCIS told me you have the right to enter if you have the AP. I do know a lot of VJ member believe that they can get denied but so far it's been nothing more than a myth.

[C8787 2]

State you source please because USCIS told me you have the right to enter if you have the AP. I do know a lot of VJ member believe that they can get denied but so far it's been nothing more than a myth.

During AOS, I traveled with AP 17 times last year and on the 18th time I was denied entry and have since had to transfer my process from USCIS to consular processing - I have been outside of the country for almost a year now while this happens.

DS can absolutely deny entry even if you have AP if there is any question about your case or status.

Given the confusion in your case - whether or not you accrued unlawful presence during overstay - your best option is to consult with an experience attorney. IF you require a waiver, you can file a 601A to overcome the issue. However, these do take some time to process. If there is certainty that you did not accrue unlawful presence, then filing for the emergency AP is your quickest route out and back into the country. With documentation of the emergency, you may be granted the AP.

Good luck to you and prayers for your ill grandmother.

[belinda63 3,051]

If you look at the bottom of the AP paper it states it does not guarantee re-entry. The chances of being denied are very slim but they can happen.

[blue_angel_29 108]

If you look at the bottom of the AP paper it states it does not guarantee re-entry. The chances of being denied are very slim but they can happen.

I believe it's number 4. Picture attached, i hope.

I am also worried since my future husband is also an overstayer (7years) and we will file AoS ASAP after we get married and he would like to go visit mexico after getting AP instead of waiting for GC. but i also don't want to risk him not being able to re enter because the officer is having a bad day..

Edited September 16, 2015 by blue_angel_29

[Unidentified 2,930]

I think it depends on how much and how often you go out of the country. I asked how long I could be here and they said I technically could be here a year but after 6 months I would go through scrutiny by CBP. If you spend more time outside the US than in it, then you'd probably be in some real trouble.

[newacct 688]

IF you require a waiver, you can file a 601A to overcome the issue. However, these do take some time to process. If there is certainty that you did not accrue unlawful presence, then filing for the emergency AP is your quickest route out and back into the country. With documentation of the emergency, you may be granted the AP.

From the the OP has said, she does not have unlawful presence and would not trigger an unlawful presence ban upon leaving the US.

But even if she had enough unlawful presence to trigger a ban, Matter of Arrabally has established that leaving on Advance Parole does not trigger this ban.

[Mike-eeh and Odie 193]

State you source please because USCIS told me you have the right to enter if you have the AP. I do know a lot of VJ member believe that they can get denied but so far it's been nothing more than a myth.

The USCIS, those same people who deceived you state as such:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Paragraph 7: reads as:

"...For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought..."

Here is another source on permanent resident green cards:

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

"...If seeking to enter the United States after temporary travel abroad, you will need to present a valid, unexpired “green card” (Form I-551, Permanent Resident Card). When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States. For information pertaining to entry into the United States, see U.S. Customs and Border Protection’s webpage..."

Note, even the case of a green card held by a LPR, a CBP can still "determine" if you can enter the USA. So no, there are no guarantees a CBP will let you in the USA if you are anything but a US Citizen.

[Unidentified 2,930]

The USCIS, those same people who deceived you state as such:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Paragraph 7: reads as:

"...For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought..."

Here is another source on permanent resident green cards:

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

"...If seeking to enter the United States after temporary travel abroad, you will need to present a valid, unexpired “green card” (Form I-551, Permanent Resident Card). When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States. For information pertaining to entry into the United States, see U.S. Customs and Border Protection’s webpage..."

Note, even the case of a green card held by a LPR, a CBP can still "determine" if you can enter the USA. So no, there are no guarantees a CBP will let you in the USA if you are anything but a US Citizen.

Of course you still have to go through immigration as everyone else and if you have done something to make them not want to let you in then yeah. They're still there to protect the borders. It's just commons sense. They write that so you won't think you get a free pass to bring in something illegal for example.

[Hypnos 6,578]

Note, even the case of a green card held by a LPR, a CBP can still "determine" if you can enter the USA. So no, there are no guarantees a CBP will let you in the USA if you are anything but a US Citizen.

An LPR has the right to a hearing in front of an immigration judge to determine whether they have abandoned their residency. By law, CBP cannot make this determination themselves.

[AB loves AG 54]

During AOS, I traveled with AP 17 times last year and on the 18th time I was denied entry and have since had to transfer my process from USCIS to consular processing - I have been outside of the country for almost a year now while this happens.

DS can absolutely deny entry even if you have AP if there is any question about your case or status.

You traveled out of the country 18 times during AOS? Maybe CBP thought you were spending more time out of the US than in. That's why you probably had trouble on #18.....im surprised you weren't stopped earlier.

[Pitaya 2,577]

I think my case is AOS base on family because i am married to a US citizen. And I am applying AOS base on the marriage.

In Part 3A of the I-485 application, how will you be answering: In what status did you last enter [the US]? What type of visa are you adjusting from?

http://www.uscis.gov/sites/default/files/files/form/i-485.pdf

Edited September 17, 2015 by Pitaya

[KayDeeCee 4,896]

State you source please because USCIS told me you have the right to enter if you have the AP. I do know a lot of VJ member believe that they can get denied but so far it's been nothing more than a myth.

You don't have the right to be paroled back into the US. You did not even have the right to enter using your K-1 visa. You don't have the right to become a permanent resident green card holder, and someone with a green card does not have the automatic right to enter the US either. US citizens have that right(minus national security issues).

Please be aware, entering the United States is a privilege, not a right.

https://help.cbp.gov/app/answers/detail/a_id/757/~/friend,-relative,-etc.-denied-entry-to-the-u.s.

Edited September 17, 2015 by KayDeeCee

[Unidentified 2,930]

You don't have the right to be paroled back into the US. You did not even have the right to enter using your K-1 visa. You don't have the right to become a permanent resident green card holder, and someone with a green card does not have the automatic right to enter the US either. US citizens have that right(minus national security issues).

I have not claimed otherwise. I am fully aware.

[newacct 688]

In Part 3A of the I-485 application, how will you be answering: In what status did you last enter [the US]? What type of visa are you adjusting from?

http://www.uscis.gov/sites/default/files/files/form/i-485.pdf

It would probably be "student".