Advanced Parole 2019 and unlawful status

[Visitor User 253]

2 hours ago, Mrsjackson said:

Lawyers seem to operate with an extreme abundance of caution. Easier to just say no then really look into it I guess. 

I guess not all lawyers know about it? 

[Visitor User 253]

1 hour ago, Paula111 said:

Let's clarify the Matter of Arrabally, well at least this is what my lawyer said.

In that case Arrabally and Yerrabelly  were not denied rentry into the Country with a valid AP, they had their case denied by USCIS once back in the States because "they had departed having unlawful presence". They appealed that decision saying they did not really "depart" since they had AP and won....

Once again they were already back in the States.

That means that an alien rentry with AP, but also with unlawuful presence, can be denied at anytime by CBP if they like to. If so the alien with a valid AP will be aloud to keep his case open, thanks to the Matter of Arrabally, throu Consular Processing. Which I heard it is a real nightmare and many times the alien s case gets denied in the end.

Did I get that right my friends?

Lot of Dreamers who had DACA with AP also were able to return using AP even though they had the 3/10 years overstay ban upon leaving USA? So the Matter of Arabally would apply there? 

 

So their AOS was denied because they used AP? So they did do a petition and got approved based on Matter of Arabally?

 

Why would a CBP deny? Because they did not know about the Matter of Arabally? They would then have to wait at their home country making the already process even longer.  

 

 In my opinion it was a no brainer to not apply for AP even if I would be qualified. It is not worth the risk of 3/10 years ban. I mean you can always exit USA when and if you get approved for Green Card in few more months. 

 

 

 

Edited August 12, 2019 by Visitor User

[Paula111 11]

39 minutes ago, Visitor User said:

Lot of Dreamers who had DACA with AP also were able to return using AP even though they had the 3/10 years overstay ban upon leaving USA? So the Matter of Arabally would apply there? 

 

So their AOS was denied because they used AP? So they did do a petition and got approved based on Matter of Arabally?

 

Why would a CBP deny? Because they did not know about the Matter of Arabally? They would then have to wait at their home country making the already process even longer.  

 

 In my opinion it was a no brainer to not apply for AP even if I would be qualified. It is not worth the risk of 3/10 years ban. I mean you can always exit USA when and if you get approved for Green Card in few more months. 

 

 

 

 

[Visitor User 253]

17 minutes ago, Paula111 said:

 

?

[Paula111 11]

Hi I do not know much about DACA unfortunately. In 2003 I overstayed a J1 visa (no 2 years rule).

I can't predict what a CBP would do. I can see from the posts that many are tolerants...but then others must be just strictly following the law, and the law says 3 to 10 years bar for unlawful presence. If parole is denied upon rentry, can go figure it out at a consulate out of the country... Wich I heard is gonna be quite unforgiving once they see the alien has been redirected there for denied entry, even if he can and have the right to continue his case.

I do not know if Consular Processing would have longer or shorter times than Adjustment of Status.

I guess a stricter CBP would think in the meantime he got the poor alien out of here, then we ll see...

Edited August 12, 2019 by Paula111

[Visitor User 253]

What did you decide on?

[Paula111 11]

11 hours ago, Visitor User said:

What did you decide on?

I decided to go. I must due to a medical emergency. My lawyer said in case of denial he can appeal the decision with DHS from any Consulate, citing the Matter of Arrabally, and have me back into the Country. That s given if there are no criminal records or my case was not denied while abroad and USCIS did not request extra proofs of evidence. 

That s what he said

Edited August 19, 2019 by Paula111

[Visitor User 253]

On 8/19/2019 at 8:55 AM, Paula111 said:

I decided to go. I must due to a medical emergency. My lawyer said in case of denial he can appeal the decision with DHS from any Consulate, citing the Matter of Arrabally, and have me back into the Country. That s given if there are no criminal records or my case was not denied while abroad and USCIS did not request extra proofs of evidence. 

That s what he said

Oh ok. 

[Teemo 252]

I researched the heck out of this and am very comfortable with Matter of Arabally.  I was a significant visa overstay. Married USC, got AP. I then used AP 7 times. 4x for work to Canada, 3x for vacation. All times had to go to secondary inspection. All were routine. Entered with no problem all 7 times. Just don't present any sort of security risk and don't commit a crime while abroad. 

 

I asked about 10 lawyers and about 4 of them said not to go and had no idea what Matter of Arabally is. Moral of the story is there are a lot of bad immigration lawyers out there (or maybe they are good but don't want to learn new things post law school)

 

 

Edited August 28, 2019 by Teemo

[Paula111 11]

2 minutes ago, Teemo said:

I researched the heck out of this and am very comfortable with Matter of Arabally.  I was a significant visa overstay. Married USC, got AP. I then used AP 7 times. All times had to go to secondary inspection. All were routine. Entered with no problem all 7 times. Just don't present any sort of security risk and don't commit a crime while abroad. 

 

 

 

[Paula111 11]

Wow thank you so much for reassuring us with your experience!!

[Visitor User 253]

5 hours ago, Teemo said:

I researched the heck out of this and am very comfortable with Matter of Arabally.  I was a significant visa overstay. Married USC, got AP. I then used AP 7 times. 4x for work to Canada, 3x for vacation. All times had to go to secondary inspection. All were routine. Entered with no problem all 7 times. Just don't present any sort of security risk and don't commit a crime while abroad. 

 

I asked about 10 lawyers and about 4 of them said not to go and had no idea what Matter of Arabally is. Moral of the story is there are a lot of bad immigration lawyers out there (or maybe they are good but don't want to learn new things post law school)

 

 

Did anyone in the inspection knew about MoA? Or, all they care about is that you have the AP document? Would it be apply to someone under 245i doing AOS?

5 hours ago, Paula111 said:

Wow thank you so much for reassuring us with your experience!!

How was your experience?

[Teemo 252]

1 hour ago, Visitor User said:

Did anyone in the inspection knew about MoA? Or, all they care about is that you have the AP document? Would it be apply to someone under 245i doing AOS?

 

All they care about is the EAD/AP card. They don't talk about Matter of Arabally, they just know it. They just stamp you and send you on your way. 

[Paula111 11]

15 hours ago, Visitor User said:

Did anyone in the inspection knew about MoA? Or, all they care about is that you have the AP document? Would it be apply to someone under 245i doing AOS?

How was your experience?

I am leaving in a couple of weeks. Will update upon returning

[Paula111 11]

Hallo everyone I just got back into the country after 16 years of unlawful presence with advanced parole.

This was my experience : 

Leaving from Italy- they didn't know what AP was, lots of phone calls, go to the airport with extra time.

Arrival in Miami: they told me to go to a separate office to be paroled into the Country, they took my combo card one minute later they gave it back to me and told me I was free to go. Not one question asked.

Conclusion: I will use my AP again before it expires with no more worries. Everybody unlawful presence is not an issue! Thank God