Travel with AP after overstay

[glennw84 9]

So I have finally gotten my EAD/AP combo card. Because I am not starting work until February I was thinking of doing a quick visit home because I haven't been there in almost a year. However I am a little anxious to travel with the AP. 

 

I came to to the US under VWP (ESTA) and didn't intend to stay. Circumstances/intentions changed, I got married and applied for AOS. By the time I filed the AOS package my I-94 had expired by about 65 days. 

 

Will this get me in trouble when re-entering? Can I still travel under ESTA?  I have been trying to find an answer but I find very conflicting information online.

[aaron2020 11,651]

AP allows you to travel to and reenter the US.   Your overstay does not matter with AP.  You will not be using ESTA to travel to the US.  You will use AP to travel to the US.

[goodlulck52 69]

On 1/12/2017 at 6:45 PM, glennw84 said:

So I have finally gotten my EAD/AP combo card. Because I am not starting work until February I was thinking of doing a quick visit home because I haven't been there in almost a year. However I am a little anxious to travel with the AP. 

 

I came to to the US under VWP (ESTA) and didn't intend to stay. Circumstances/intentions changed, I got married and applied for AOS. By the time I filed the AOS package my I-94 had expired by about 65 days. 

 

Will this get me in trouble when re-entering? Can I still travel under ESTA?  I have been trying to find an answer but I find very conflicting information online.

I heard a story that someone was refused entry in such a situation. There is some waiver needed to apply in addition to having your AP.

[aaron2020 11,651]

23 hours ago, goodlulck52 said:

I heard a story that someone was refused entry in such a situation. There is some waiver needed to apply in addition to having your AP.

You heard a lie.

[GabiMatch 161]

On 1/15/2017 at 1:40 AM, aaron2020 said:

You heard a lie.

@aaron2020 The truth is that the only people who have guaranteed legal right to enter or reenter USA is an American Citizen/Resident, a visa of any kind or Advance Parole do not guarantee your entrance...read the guidelines for this document and you will see exactly this.

Page 1 of "Instructions for Application for Travel Document" says "WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return."

According to the USCIS website, you MAY or MAY NOT reenter with advance Parole...the document is kind a "suggestion" for the immigration officer to let you in, but he is the one who is going to "Parole" you or not.

So according to the USCIS documents what you said "You heard a lie" might not be the case after all, because according to the law, anyone that is not a American Citizen could be refused to come in to the country at any time even with a valid visa or advance parole.

 

[Smudge 0]

On 2017/1/12 at 12:45 AM, glennw84 said:

So I have finally gotten my EAD/AP combo card. Because I am not starting work until February I was thinking of doing a quick visit home because I haven't been there in almost a year. However I am a little anxious to travel with the AP. 

 

I came to to the US under VWP (ESTA) and didn't intend to stay. Circumstances/intentions changed, I got married and applied for AOS. By the time I filed the AOS package my I-94 had expired by about 65 days. 

 

Will this get me in trouble when re-entering? Can I still travel under ESTA?  I have been trying to find an answer but I find very conflicting information online.

Hi, did you go home with AP in the end?

please share the experience, thanks.

[glennw84 9]

Yes. So I did travel

with my EAD/VWP. Upon re-entry the officer didn’t know what to do with it and I was taken to a back room for extra questions like what my intentions are, if I work, how long I have been in the states,...

Whenever I told this story at my interview the officer said he was surprised that I was taken for extra questioning because usually they just stamp your passport and that’s it.

My port of re-entry was Anchorage, so they probably don’t get a lot of these.

Good luck!

[ElGuapo88 19]

I second this.  My attorney told me that since it's at the discretion of the CBP agent and they can choose not to allow me back in, he wouldn't even apply for AP since I was also on an overstay.  Nothing is guaranteed unless you're a US citizen.  Even with a green card you cannot be denied entry, but can be found deportable if a red flag comes up when re-entering.

 

@aaron2020 The truth is that the only people who have guaranteed legal right to enter or reenter USA is an American Citizen/Resident, a visa of any kind or Advance Parole do not guarantee your entrance...read the guidelines for this document and you will see exactly this.

Page 1 of "Instructions for Application for Travel Document" says "WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return."

According to the USCIS website, you MAY or MAY NOT reenter with advance Parole...the document is kind a "suggestion" for the immigration officer to let you in, but he is the one who is going to "Parole" you or not.

So according to the USCIS documents what you said "You heard a lie" might not be the case after all, because according to the law, anyone that is not a American Citizen could be refused to come in to the country at any time even with a valid visa or advance parole.

 

Edited January 23, 2018 by ElGuapo88