Can you use advanced parole if you overstayed visa?

[doves 19]

Hi everyone!

 

I have a question regarding the advanced parole document.  At the end of May 2021, I applied for adjustment of status (I-130/I-485/I-765) for an immediately family member who had been in the U.S on an overstayed B-2 visa. 
 

A week ago, we received the EAD, which happened pretty fast thankfully! 
 

When we were initially applying, we had no intent of traveling so we didn’t apply for an advanced parole. But in case they don’t get the green card by June 2022, we would potentially like to travel abroad and see some friends/family. Our field office is running 12-16 months for an interview, hence the optimism. 
 

My question is: could we apply for an advanced parole document for the beneficiary? If so, would they have any issues reentering the US since they overstayed a B-2 visa? Or would the AOS not make this a concern? 

[Allaboutwaiting 2,503]

Once the advance parole is issued, the beneficiary can travel.

Now, as they're applying after receiving the EAD, what they'll receive is just a letter and they'll need to travel carrying both the EAD card and the AP letter.

[doves 19]

Thank you so much! I checked the filing instructions on the USCIS website, but couldn’t find information on where to file AP if the receipt number starts with IOE. Do you by any chance know how to go about this? 

[KindSoul 2]

15 hours ago, doves said:

My question is: could we apply for an advanced parole document for the beneficiary? If so, would they have any issues reentering the US since they overstayed a B-2 visa? Or would the AOS not make this a concern? 

How long was the overstay? If its over 1 year; they might've entry ban for 10 years. You might want to take care of that before you leave US

[doves 19]

1 hour ago, KindSoul said:

How long was the overstay? If its over 1 year; they might've entry ban for 10 years. You might want to take care of that before you leave US

Yes it was more, 10 years actually. That’s why I was hesitant to plan a trip abroad before they get the actual green card approval 

Edited December 3, 2021 by doves

[KindSoul 2]

1 hour ago, doves said:

Yes it was more, 10 years actually. That’s why I was hesitant to plan a trip abroad before they get the actual green card approval 

Let us know too what you find about that from your Attorney or otherwise

[retheem 568]

18 hours ago, doves said:

Hi everyone!

 

I have a question regarding the advanced parole document.  At the end of May 2021, I applied for adjustment of status (I-130/I-485/I-765) for an immediately family member who had been in the U.S on an overstayed B-2 visa. 
 

A week ago, we received the EAD, which happened pretty fast thankfully! 
 

When we were initially applying, we had no intent of traveling so we didn’t apply for an advanced parole. But in case they don’t get the green card by June 2022, we would potentially like to travel abroad and see some friends/family. Our field office is running 12-16 months for an interview, hence the optimism. 
 

My question is: could we apply for an advanced parole document for the beneficiary? If so, would they have any issues reentering the US since they overstayed a B-2 visa? Or would the AOS not make this a concern? 

 Technically speaking, an AP is not a status. If things were to go wrong at the POE when returning, it could be expedited removal. If were you, I would not leave until the green card is out. The people you want to see, can wait until your stuff is set.

[doves 19]

52 minutes ago, retheem said:

 Technically speaking, an AP is not a status. If things were to go wrong at the POE when returning, it could be expedited removal. If were you, I would not leave until the green card is out. The people you want to see, can wait until your stuff is set.

thank you for this information, it makes sense. Our local field office is relatively faster so you’re right, no need to risk it. Will wait until after the green card is in hand! 

[doves 19]

56 minutes ago, KindSoul said:

Let us know too what you find about that from your Attorney or otherwise

just spoke with him and he also recommended we wait until GC is in hand to avoid possible refusal upon reentry. He said this should happen by May 2022, so no need to rush travel. Thanks again for your replies 

[igoyougoduke 1,676]

20 hours ago, doves said:

Hi everyone!

 

I have a question regarding the advanced parole document.  At the end of May 2021, I applied for adjustment of status (I-130/I-485/I-765) for an immediately family member who had been in the U.S on an overstayed B-2 visa. 
 

A week ago, we received the EAD, which happened pretty fast thankfully! 
 

When we were initially applying, we had no intent of traveling so we didn’t apply for an advanced parole. But in case they don’t get the green card by June 2022, we would potentially like to travel abroad and see some friends/family. Our field office is running 12-16 months for an interview, hence the optimism. 
 

My question is: could we apply for an advanced parole document for the beneficiary? If so, would they have any issues reentering the US since they overstayed a B-2 visa? Or would the AOS not make this a concern? 

is your sponsor a citizen or green card holder ?

[doves 19]

5 minutes ago, igoyougoduke said:

is your sponsor a citizen or green card holder ?

I’m the sponsor and I’m a USC. Was asking for the beneficiary

[Demise 1,354]

As per Matter of Arrabally (BIA, 2012) travel on advance parole does not trigger the 3 and 10 year unlawful presence re-entry bars which are found in INA 212(a)(9)(B).

 

Still, I don't recommend travel unless absolutely necessary in cases like this, get the green card and then do your world tour.

 

Edited December 3, 2021 by Demise

[igoyougoduke 1,676]

1 hour ago, doves said:

I’m the sponsor and I’m a USC. Was asking for the beneficiary

not an issue as long as AP was approved and valid to reenter 

[USC4SPOUSE 506]

On 12/2/2021 at 8:57 PM, doves said:

Hi everyone!

 

I have a question regarding the advanced parole document.  At the end of May 2021, I applied for adjustment of status (I-130/I-485/I-765) for an immediately family member who had been in the U.S on an overstayed B-2 visa. 
 

A week ago, we received the EAD, which happened pretty fast thankfully! 
 

When we were initially applying, we had no intent of traveling so we didn’t apply for an advanced parole. But in case they don’t get the green card by June 2022, we would potentially like to travel abroad and see some friends/family. Our field office is running 12-16 months for an interview, hence the optimism. 
 

My question is: could we apply for an advanced parole document for the beneficiary? If so, would they have any issues reentering the US since they overstayed a B-2 visa? Or would the AOS not make this a concern? 

@doves

I do not think there is an issue here unless the beneficiary has any type criminal record. Returning to the US on Advance Parole sounds scary but it really isn't. At most, you go to secondary inspection. They may ask a few questions to make sure you are still married to the US that filed your I-130 and that you still qualify for AOS. 

 

USCIS issues EAD/AP combo cards after extensive background checks. Had there been any issues, USCIS would not have granted the benefit. 

 

Of course, you do you and do what allows you sleep sound at night, but I do not see an issue. 

 

All the best!

[KindSoul 2]

On 12/3/2021 at 6:04 PM, igoyougoduke said:

not an issue as long as AP was approved and valid to reenter 

Even when 10 years entry ban against him which was triggered after overstay of over 1 year?? Just curious  ....