For what reasons can advance parole be denied besides those denials due to abandonment

[azblk 338]

My understanding is that every person with a pending adjustment of status petition is entitled to advance parole. Can the USCIS deny  your advance parole application due to non technical reasons like your underlying petition being approved or denied before getting you advance parole?  I know there was a recent policy change that denied the AP applications for persons on dual intent visas who left and returned on those visas before getting thier advance parole approved/granted.

[Teemo 252]

13 minutes ago, azblk said:

My understanding is that every person with a pending adjustment of status petition is entitled to advance parole. Can the USCIS deny  your advance parole application due to non technical reasons like your underlying petition being approved or denied before getting you advance parole?  I know there was a recent policy change that denied the AP applications for persons on dual intent visas who left and returned on those visas before getting thier advance parole approved/granted.

Every person who has a pending AoS is entitled to APPLY for AP, not necessarily be granted it. If every person who applied for AoS were automatically given advance parole, there would be no need for a separate form. They run an FBI background check on you before granting AP.  There are a few reasons why they could or would deny AP, if your background check pulls up something that makes you inadmissable, like a crime, or an existing removal (deportation) order, or you have no right to apply for an I-485 (for example your current marriage is not valid because your pending divorce is not final), or they can see you claimed to be a US citizen to get a benefit such as voting or welfare, or it's obvious you are committing marriage fraud (although this is usually determined at the interview), or you are on the terrorist watchlist or have suspected ties to terrorists, or anything else that would make you a national security or public safety threat or obviously makes your I-485 invalid or very likely to be denied. 

Edited May 23, 2018 by Teemo

[azblk 338]

32 minutes ago, Teemo said:

Every person who has a pending AoS is entitled to APPLY for AP, not necessarily be granted it. If every person who applied for AoS were automatically given advance parole, there would be no need for a separate form. They run an FBI background check on you before granting AP.  There are a few reasons why they could or would deny AP, if your background check pulls up something that makes you inadmissable, like a crime, or an existing removal (deportation) order, or you have no right to apply for an I-485 (for example your current marriage is not valid because your pending divorce is not final), or they can see you claimed to be a US citizen to get a benefit such as voting or welfare, or it's obvious you are committing marriage fraud (although this is usually determined at the interview), or you are on the terrorist watchlist or have suspected ties to terrorists, or anything else that would make you a national security or public safety threat or obviously makes your I-485 invalid or very likely to be denied. 

What is your source? Everything you just said is determined at the interview or if you obviously do not qualify to file you i-485 will be rejected without an interview. If you cases has not been approved or denied, you are entitled to AP.  The FBI background checks are limited to criminal/national security issues and are not infallible.

Petitioners are also given an opportunity to debunk what is  being alleged.

[Teemo 252]

1 minute ago, azblk said:

What is your source? Everything you just said is determined at the interview or if you obviously do not qualify to file you i-485 will be rejected without an interview. If you cases has not been approved or denied, you are entitled to AP.  The FBI background checks are limited to criminal/national security issues and are not infallible.

Petitioners are also given an opportunity to debunk what is  being alleged.

I'm not sure you are disagreeing with me. If the FBI background check reveals something to do with criminal/national security issues, or if the I-485 is obviously not valid, the I-485 will be denied and no AP will be granted. You seem to be agreeing with me on this. I just gave examples of those issues. 

[azblk 338]

1 minute ago, Teemo said:

I'm not sure you are disagreeing with me. If the FBI background check reveals something to do with criminal/national security issues, or if the I-485 is obviously not valid, the I-485 will be denied and no AP will be granted. You seem to be agreeing with me on this. I just gave examples of those issues. 

What I am saying is unless the i-485 has been approved or denied, I think the USCIS HAS to approve AP if the petitioner applied for it. I have been unable to find any facts on this, The only thing i can find is opinions.  Since the USCIS has redacted the chapter on protection and parole from their policy manual there is no way to find out what their policy is.

[Villanelle 4,122]

No one is "entitled" to AP. Its a benefit they typically grant. Heres some light reading material.

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20442/0-0-0-20515.html

 

It can be denied for a variety of reasons. Incomplete form/fees is a popular reason. You also have to be eligible for AP. Most people who apply with the 485 are eligible.

Form I-131 may be approved and Form I-512 issued to an alien whose case falls into one or more of the following classes unless reasons of national security or public order dictate otherwise. It is important to note, however, that no alien is "entitled" to a grant of advance parole. Even if an alien is within one of these classes, whether to grant advance parole in an individual case remains a matter entrusted to DHS discretion.