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AngelaSimmons

Advance Parole Travel after entering on ESTA

By AngelaSimmons in Working & Traveling During US Immigration

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AngelaSimmons Contributor

AngelaSimmons   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

Hi VJ Users,

I applied for Adjustment of Status earlier this year and recently had my Advance Parole document approved. I am thinking about using it very soon for a close family wedding. I entered the US on the ESTA Visa Waiver Program and adjusted status within the 90 day timeframe.

Our lawyer has advised that we don't use the AP since we may get stopped at the US customs border however, I have not had any criminal records and I haven't overstayed my visa. She mentioned that they could get you on 'misrepresentation'. Here are my questions:

Am I correct in thinking I haven't overstayed my visa since we received the NOA1 from USCIS before the 90 day timeframe?

Also, has anyone had any issues in entering the US after adjusting status from ESTA?

Please please share your experiences because I am completely in 2 minds!! Thank you.

AOS Packet Mailed to Chicago Lockbox: 04/07/16

AOS Receipt Date: 04/11/16 (Day 1)

AOS NOA1 Hard Copy Received: 04/22/16 (Day 12)

Biometrics Letter Received: 04/29/16 (Day 19)

Biometrics Appointment Complete: 05/10/16 (Day 30)

Case Status Updated to 'Case is Ready to be Scheduled for Interview': 05/23/16 (Day 43)

EAD approved: 07/12/16 (Day 93)

Applied for AP: 08/17/16

Visited local Congressman Office: 08/19/2016

AP NOA1 Hard Copy Received: 08/25/2016

AP Status Updated to 'Advance Parole Document Was Produced': 09/06/2016

Case Status Updated to 'Interview is Scheduled': 12/31/16 (Day 265)

Interview Date: 02/01/17 (Day 297)

Case Status Updated to 'Case was Approved': 02/02/17 (Day 298)

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Nich-Nick Grand Master

Nich-Nick   3,354

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Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You didn't overstay a visa because you didn't get a visa. You are past your 90 day tourist entry using visa waiver and your lawyer is concerned that your AP may be rejected. AP is not guaranteed admission so you need to know their is some risk.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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AngelaSimmons Contributor

AngelaSimmons   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted

You didn't overstay a visa because you didn't get a visa. You are past your 90 day tourist entry using visa waiver and your lawyer is concerned that your AP may be rejected. AP is not guaranteed admission so you need to know their is some risk.

We understand that there is risk however how big is the risk? I understand that we I didn't enter with a visa however, ESTA is valid for 90 days and since we filed within that time frame I haven't been unlawfully present. Correct?

AOS Packet Mailed to Chicago Lockbox: 04/07/16

AOS Receipt Date: 04/11/16 (Day 1)

AOS NOA1 Hard Copy Received: 04/22/16 (Day 12)

Biometrics Letter Received: 04/29/16 (Day 19)

Biometrics Appointment Complete: 05/10/16 (Day 30)

Case Status Updated to 'Case is Ready to be Scheduled for Interview': 05/23/16 (Day 43)

EAD approved: 07/12/16 (Day 93)

Applied for AP: 08/17/16

Visited local Congressman Office: 08/19/2016

AP NOA1 Hard Copy Received: 08/25/2016

AP Status Updated to 'Advance Parole Document Was Produced': 09/06/2016

Case Status Updated to 'Interview is Scheduled': 12/31/16 (Day 265)

Interview Date: 02/01/17 (Day 297)

Case Status Updated to 'Case was Approved': 02/02/17 (Day 298)

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  • 1 year later...
Anne So Newbie

Anne So   0

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I am exactly in the same situation you were in a year ago.  Entered the US on a visa waiver, filed everything on time, got advance parole, case ready to be scheduled for an interview, and I want to travel abroad.  I heard conflicting stories and I am afraid of not being able to re-enter the US at the end of my trip.  My lawyer is telling me that the use of advance parole is possibly tricky for people who are on a visa waiver -now expired although it was still valid when I filed.

How did it go for you?  Did you have any problem? Anyone else in this situation?

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TBoneTX Grand Master

TBoneTX   45,329

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP hasn't logged on to the site for a year, so a response might not be likely.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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