Denied re-entry with advance parole?

[mindthegap 2,611]

  On 6/27/2018 at 9:15 PM, Scazy said:

Wonderful read. But it can be argued in a way that yes, you have 30 days to re open or file another I 751 as long as you in US and not seeking for admission with a terminated conditional LPR status. I personally met some agents who were not very familiar or comfortable with an extension letter (which, btw, specify something like “it’s not valid for work and travel if the status has been terminated), imagine their surprise if someone would  demand hearing with a judge no matter what it’s says in a letter about termination, and they might not be even aware of such memos. Then what? 

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Thats sort of the point though - the status isn't actually terminated until done so by a judge, and as you can't appear in front of an immigration judge outside the US (or at a desk in an arrivals hall) and CBP cannot make such determinations, it is quite clear that legally you should not be denied admission.  

Just because the letter says it, doesn't mean it is true. A denial letter states that LPR status, work rights etc are terminated as of date of the letter, which just isn't legally true either and it certainly doesn't terminate or over-ride the rights you have in law.

USCIS lie! A lot. 

 

Also, your term 'seeking for admission' is interestingly relevant to this discussion. An alien who has been "lawfully admitted for permanent residence" is not "seeking admission" or an applicant for admission as an arriving alien after a temporary trip abroad.

(some fascinating factoids and clarification regarding that here - I have thousands of pages of this stuff now that I am discovering as I delve through the legalese in preparation for something...  :https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3486.pdf , https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-42832/0-0-0-47378.html, https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-42832/0-0-0-55681.html,  and https://www.justice.gov/eoir/file/478111/download )

 

 

 

I mean, from my own experience, when I re-entered the US at the start of this year in secondary she ran my denied receipt number (as it was hand written next to that stamp) and saw it had been denied, I was asked if I had got an NTA or heard anything from the court, which I confirmed that I hadn't.

 

She had stamped me in (as a normal admission)  before she even saw the new stamp (from filing a fresh I-751) on a different passport page.

 

 

 

 

 

Anyway, I didn't intend to hijack the original post which is about AP.. sorry.

Edited June 27, 2018 by mindthegap

[A&H2018 148]

Bring all the law/legal history you want. Earlier this year for 24-48hrs, CBP was not allowing LPRs back into the USA. Because they simply follow the rules given by their bosses. Only till the white house itself changed the wording of the document given to those CBP officers did they allow those people back in. 

 

Not blaming trump for everything. But let’s be clear the current administration has made decisions overnight unilaterally that impacg immigration for a set amount of time. Not sure what other administration has done that before so again this is new territory. That said the issues were fixed very fast, it was not like those LPRs wwre banned forever. So again need to weigh the risk of the entire situation. But to totally fear using AP for everyone would be rather silly.

Edited June 27, 2018 by A&H2018

[Teemo 252]

  On 6/27/2018 at 10:12 PM, A&H2018 said:

Bring all the law/legal history you want. Earlier this year for 24-48hrs, CBP was not allowing LPRs back into the USA. Because they simply follow the rules given by their bosses. Only till the white house itself changed the wording of the document given to those CBP officers did they allow those people back in. 

 

Not blaming trump for everything. But let’s be clear the current administration has made decisions overnight unilaterally that impacg immigration for a set amount of time. Not sure what other administration has done that before so again this is new territory. That said the issues were fixed very fast, it was not like those LPRs wwre banned forever. So again need to weigh the risk of the entire situation. But to totally fear using AP for everyone would be rather silly.

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The first travel ban was chaotically implemented and led to mass confusion. However, those people using that one-time event as an excuse that "anything can happen therefore I don't want to risk" things which are standard and routine are misguided IMO

[A&H2018 148]

  On 6/27/2018 at 10:17 PM, Teemo said:

The first travel ban was chaotically implemented and led to mass confusion. However, those people using that one-time event as an excuse that "anything can happen therefore I don't want to risk" things which are standard and routine are misguided IMO

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Agreed, truly I think the risk is extremely minimal not other way around. Now if POTUS is planning military action some time that maybe one should delay their trip for a while.

 

As for those saying why would you want to travel? Why leave the USA ever? Hmm these are the exact same posters who say waiting for over a year for an interview is no issue and is not anyone’s fault. So guess one should never travel and quietly wait for an interview forever. Whats next you want the EAD to have job limitations as well...

[Orangesapples 1,954]

  On 6/27/2018 at 10:36 PM, A&H2018 said:

Agreed, truly I think the risk is extremely minimal not other way around. Now if POTUS is planning military action some time that maybe one should delay their trip for a while.

 

As for those saying why would you want to travel? Why leave the USA ever? Hmm these are the exact same posters who say waiting for over a year for an interview is no issue and is not anyone’s fault. So guess one should never travel and quietly wait for an interview forever. Whats next you want the EAD to have job limitations as well...

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Don't you get it, the US is the best place on earth and immigrants should patiently wait forever for their interviews and not complain and as soon as they enter the US they should be so grateful to be here that they can't even think of traveling abroad for at least few years. 

Edited June 27, 2018 by Orangesapples

[geowrian 22,338]

  On 6/27/2018 at 10:12 PM, A&H2018 said:

Bring all the law/legal history you want. Earlier this year for 24-48hrs, CBP was not allowing LPRs back into the USA. Because they simply follow the rules given by their bosses. Only till the white house itself changed the wording of the document given to those CBP officers did they allow those people back in.

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Last year*

And that wording was removed because it was clearly illegal.

The same thing could have happened to USCs if he issued an EO/PP to do so, so there's not much of a point in worrying about what could happen in violation of the law.

[A&H2018 148]

  On 6/27/2018 at 10:59 PM, geowrian said:

Last year*

And that wording was removed because it was clearly illegal.

The same thing could have happened to USCs if he issued an EO/PP to do so, so there's not much of a point in worrying about what could happen in violation of the law.

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Whoops...thx for taking time to correct me,

[andrewtan421 3]

I am planning to travel back to my home country at the end of the year to see family. My US visa that I used as a student has expired but I have the  EAD and AP combo card that allows me to request for parole. Can I travel freely without a US visa? 

[Larindra 9]

  On 6/27/2018 at 1:46 PM, Ben&Zian said:

Why people are so 'desperate' to immediately go home and travel after just having dealt with the long wait to get here in the first place is beyond me; but regardless, if you have AP, then you're fine. That's what it's for, travel and re-entry. As noted, immigrations has final say on entry, always has been that way. It isn't because of the "current climate", i laugh about that all the time. Again it's been this way for years and years. So either take the "chance" or "risk" to travel, or just wait until you have your green card. Pretty simple stuff.

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Ouch. That hurt.

 

In my case I had previously overstayed for five years and I needed to see my family especially my child who lives in my home country. 

 

I returned in August and I was paroled in without any issues. 

[KatenkaMishka 12]

  On 11/6/2018 at 3:26 AM, andrewtan421 said:

I am planning to travel back to my home country at the end of the year to see family. My US visa that I used as a student has expired but I have the  EAD and AP combo card that allows me to request for parole. Can I travel freely without a US visa? 

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Hello, how did it go? Were you able to return ?

[KatenkaMishka 12]

  On 11/6/2018 at 8:06 AM, Larindra said:

Ouch. That hurt.

 

In my case I had previously overstayed for five years and I needed to see my family especially my child who lives in my home country. 

 

I returned in August and I was paroled in without any issues. 

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Hello! Happy to hear your story . Did you apply for AOS as USC spouse ? I’m having hard time to decide if I should use my AP to travel - didn’t see my mom for 4 years- but I’ve previously overstayed F1 visa and married to a LPR.

[mmsk 9]

I would not worry if I have approved advance parole and I obligate to all its requirements.

I never heard that somebody was denied entry with approved advance parole. If there is somebody out their was denied, he or she may break the law by overstaying and etc. 

[HonoraryCitizen 179]

  On 6/27/2018 at 1:46 PM, Ben&Zian said:

.As noted, immigrations has final say on entry, always has been that way. It isn't because of the "current climate", i laugh about that all the time. Again it's been this way for years and years. 

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That’s incorrect. The current climate is cause of a legitimate fear. Yes the laws had previously been on the books, however the enforcement was nonexistent or spotty. In the current climate immigration is actively looking for a reason to deny people, there’s a big difference so people’s fears are not irrational. The current administration is decidedly anti illegal immigration (some say anti-immigrant), that is not in dispute.

 

Lots of people adjusting status have minor immigration infractions that could be uncovered and/or used to classify them inadmissible if the immigration officer is inclined to dig into their history with a fine toothed comb and refused to exercise favorable discretion.

[HonoraryCitizen 179]

  On 6/26/2018 at 6:34 PM, KeratNY said:

 

There are a lot of people scared to travel in this particular situation, but try as I might I cannot even find one negative situation like this online from 2014 or afterwards. If there are, would be good to assess and learn from.

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Why the 2014 cutoff? Is it arbitrary or there an underlying reason? Anyway I spent the past week revisiting immigration appeal cases from the district courts.

 

I remember two such cases, one of which was the Sabri Samirah case where the appellate courts demanded the immigrant be allowed to return to th USA to continue adjusting status. It took ten years for him to be allowed back. It was before 2014 however, 2010 when judgment was rendered  

 

https://law.justia.com/cases/federal/appellate-courts/ca7/08-1889/08-1889-2010-12-03-opinion-2011-02-25.html

 

I think applicants and their attorneys are cautious because the philosophy is why do anything to jeopardize a journey when victory is in sight. Don’t forget for most people if not allowed in, there’s a bar for illegal presence and most people using advance parole go into secondary inspection which is usually intrusive.

 

Yes the probability of an adverse result may be low, but why risk it? Everyone should make their choice based on their risk tolerance.

 

 

 

Edited January 15, 2019 by HonoraryCitizen

[andrewtan421 3]

  On 1/10/2019 at 11:20 PM, KatenkaMishka said:

Hello, how did it go? Were you able to return ?

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Yes I was able to return easily. The only hiccup you may experience is convincing the people at the check-in counter of the country you are leaving to return to the US that you have this thing called an Advance Parole that allows you travel into the US without a visa. When you go through immigration in the US, present your combo card and say that you are requesting parole into the country. They will ask you to sit on the side while they process your paperwork. It took them 15 minutes to process mine, after which I was allowed to enter the country.