I-512 Advanced Parole Under Trump Administration

[magnoses 25]

Hey Guys,

 

My wife just got her EAD card with AP permission after coming to the USA on a K-1 visa. She is from Algeria, which is part of MENA. I am scared that under this administration she will be denied re-entry. I am torn apart on what to do. She misses her family so much and I want her to travel to Algeria but I don't want to risk losing her and undergoing the immigration process again.

 

I need some input. My family is deathly afraid that she won't come back and it's really giving me and her second thoughts on her visiting her family back home.

 

Is my fear and concern completely blown out of proportion?

 

What should we do?

 

Thanks for all your help.

[Crazy Cat 41,884]

If your wife has a valid advance parole document, she is unlikely to have any major issues re-entering the US.  AP documents are used every day by immigrants to enter the US.  Of course, only US citizens are guaranteed entry.

[magnoses 25]

Thanks for the reply missileman.

 

Are there any statistics that show AP denials by year?

 

Everyone keeps putting that disclaimer that only US citizens are guaranteed entry. But my question is:

Is it so discretionary that a CBP in a sour mood can ruin her re-entry for no reason?

 

I'm extremely paranoid as this is my wife, but she really needs to go back home for the emotional re-connection.

 

Thanks again.

[SalishSea 17,833]

3 minutes ago, magnoses said:

Thanks for the reply missileman.

 

Are there any statistics that show AP denials by year?

 

Everyone keeps putting that disclaimer that only US citizens are guaranteed entry. But my question is:

Is it so discretionary that a CBP in a sour mood can ruin her re-entry for no reason?

 

I'm extremely paranoid as this is my wife, but she really needs to go back home for the emotional re-connection.

 

Thanks again.

CBP officers are not likely to refuse entry because of "sour mood."  The discretion to deny entry to anyone who is not a USC is there for our protection.  

 

In all likelihood, a person with a valid AP would not be denied unless something had happened in the interim since it was issued.....being placed on a watch list, being wanted for committing a crime, or saying/doing/importing something out of the norm at the POE.

[geowrian 22,337]

Can CBP decline entry? Yes. But there are not reported cases of them doing so for a properly issued and still valid AP. The most likely reason for refusal would be if AOS is denied while abroad (making AP invalid), they commit crimes abroad, they try to smuggle something (or someone) into the US, etc.

People travel on AP every day.

[Ann&James 179]

23 minutes ago, missileman said:

If your wife has a valid advance parole document, she is unlikely to have any major issues re-entering the US.  AP documents are used every day by immigrants to enter the US.  Of course, only US citizens are guaranteed entry.

 

Just now, geowrian said:

Can CBP decline entry? Yes. But there are not reported cases of them doing so for a properly issued and still valid AP. The most likely reason for refusal would be if AOS is denied while abroad (making AP invalid), they commit crimes abroad, they try to smuggle something (or someone) into the US, etc.

People travel on AP every day.

Is this also the case for someone who have done AOS from a B2 visa that had a over stay of over 10 years

[geowrian 22,337]

Just now, Ann&James said:

Is this also the case for someone who have done AOS from a B2 visa that had a over stay of over 10 years

Yup. The overstay does not incur a bar upon exit so long as you have a valid AP document, and it doesn't mean anything upon re-entry attempt.

[magnoses 25]

Thanks for all of your responses guys. It makes me feel a lot more comfortable. 

I also talked to one of the lawyers on this site and he said that there is no guarantee but as long as there are no terrorist ties / crimes being committed a person should be admitted.

 

He referenced the following document:

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

 

Thanks again!

[geowrian 22,337]

4 minutes ago, magnoses said:

He referenced the following document:

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

That case actually pertains to @Ann&James's question.

[Ann&James 179]

26 minutes ago, geowrian said:

That case actually pertains to @Ann&James's question.

Thank you for your answer. I was asked about this and wasn't really sure what answer to give. I have learned a lot on visajourney.

[Sam13 2]

16 hours ago, magnoses said:

Hey Guys,

 

My wife just got her EAD card with AP permission after coming to the USA on a K-1 visa. She is from Algeria, which is part of MENA. I am scared that under this administration she will be denied re-entry. I am torn apart on what to do. She misses her family so much and I want her to travel to Algeria but I don't want to risk losing her and undergoing the immigration process again.

 

I need some input. My family is deathly afraid that she won't come back and it's really giving me and her second thoughts on her visiting her family back home.

 

Is my fear and concern completely blown out of proportion?

 

What should we do?

 

Thanks for all your help.

I have travelled on AP shouldn’t be any issue for her! Check expiry before leave the country.

[Websters202 149]

17 hours ago, magnoses said:

Thanks for the reply missileman.

 

Are there any statistics that show AP denials by year?

 

Everyone keeps putting that disclaimer that only US citizens are guaranteed entry. But my question is:

Is it so discretionary that a CBP in a sour mood can ruin her re-entry for no reason?

 

I'm extremely paranoid as this is my wife, but she really needs to go back home for the emotional re-connection.

 

Thanks again.

If you're really that paranoid, you could wait until she gets a Green Card.

 

I realize that would delay her travel, but it may give everyone more peace of mind. 

 

 

[Jeanne Adil 1,651]

and while she waits make sure she has a good cell phone so she can talk daily on whatsapp to family and friends

she is not only homesick  but being here alone day after day with no green card to work or study or a car and info about your area,   she is lonely when u go to work

[USS_Voyager 1,972]

20 hours ago, magnoses said:

Thanks for all of your responses guys. It makes me feel a lot more comfortable. 

I also talked to one of the lawyers on this site and he said that there is no guarantee but as long as there are no terrorist ties / crimes being committed a person should be admitted.

 

He referenced the following document:

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

 

Thanks again!

I have also used AP many times before I got my GC. It was a while ago, but I never had any problem either. The only thing is if you show up with an AP card, CBP will get you to secondary inspection to verify your status (I assume they check if there is still really a I-485 pending or whatever) so it take longer to get through.