Travel with AP while "in-country" I 601 Waiver is Pending

[butterball 0]

Hello Everyone,

Does anybody have experience traveling with Advance Parole outside The United States while I 601 Waiver (In Country) status is pending?

My I 601 waiver is pending since December 3, 2014. USCIS approved my Advance Parole document and I know there is no guarantee that they will let me back in the country even though I have valid AP.

I'm in The United States right now and planning to go back to Indonesia for 2 weeks for my brother's memorial service.

Any advice or experience would be very helpful.

Thank you in advance.

Edited April 20, 2016 by butterball

[newacct 688]

I think you'll be denied entry if you already have a ban and you leave and try to re-enter unless the ban is waived.

Don't get confused by the Matter of Arrabally. Matter of Arrabally says that leaving on AP doesn't count as a departure that might trigger the 9B ban, and thus people with accrued unlawful presence (note: there is no ban for having accrued unlawful presence, only for having accrued unlawful presence and then departing) can re-enter as long as they don't have any other bans, because they also didn't trigger the 9B ban, so they have no bans. But if you already have a ban (which would be the case if you are doing I-601), whatever ban that is, then that is a different situation. The whole point of Arrabally was that bans do prevent entry on AP, and that is why it was significant to rule that departure on AP does not trigger a ban.

[Transborderwife 4,666]

Check over at immigrate2us. I've seen some success stories there.

[butterball 0]

I think you'll be denied entry if you already have a ban and you leave and try to re-enter unless the ban is waived.

Don't get confused by the Matter of Arrabally. Matter of Arrabally says that leaving on AP doesn't count as a departure that might trigger the 9B ban, and thus people with accrued unlawful presence (note: there is no ban for having accrued unlawful presence, only for having accrued unlawful presence and then departing) can re-enter as long as they don't have any other bans, because they also didn't trigger the 9B ban, so they have no bans. But if you already have a ban (which would be the case if you are doing I-601), whatever ban that is, then that is a different situation. The whole point of Arrabally was that bans do prevent entry on AP, and that is why it was significant to rule that departure on AP does not trigger a ban.

Thanks, newacct!! I talked to my lawyer and she said that it is ok to travel with AP the only problem that I may be having is if the waiver is denied while I'm abroad.

Check over at immigrate2us. I've seen some success stories there.

I can't find the same topic in that forums but thanks for the info.