A question regarding Advance Parole.

[JohnnyForeigner 35]

I understand that it does not guarantee admission ( or parole ) to the US.

 

And for that reason, many are loathe to use it if they have overstayed etc.

 

But.......if you are found to be inadmissible when presenting yourself for admission - surely that inadmissibility would also result in your AOS being denied anyway ?

[Crazy Cat 41,728]

I've been around here since early 2016.  I have yet to see a single case in which the holder of a valid AP document was denied entry.  

[Verrou 1,961]

27 minutes ago, Crazy Cat said:

I've been around here since early 2016.  I have yet to see a single case in which the holder of a valid AP document was denied entry.  

saw jim hacking's video a week or two ago, GC application DENIED while the beneficiary outside USA with AP. he cant go back and stranded in Panama. now i dont know if he actually try to fly back to USA and denied or he simply didnt use the AP once he knew he got GC denial. 

[Dashinka 24,448]

42 minutes ago, JohnnyForeigner said:

I understand that it does not guarantee admission ( or parole ) to the US.

 

And for that reason, many are loathe to use it if they have overstayed etc.

 

But.......if you are found to be inadmissible when presenting yourself for admission - surely that inadmissibility would also result in your AOS being denied anyway ?

Hard to say really.  What happens with CBP does always equate with what happens with USCIS.

[Boiler 45,413]

Big difference fighting an issue inside the US compared to outside.

[JohnnyForeigner 35]

1 hour ago, Crazy Cat said:

I've been around here since early 2016.  I have yet to see a single case in which the holder of a valid AP document was denied entry.  

I guess they do lots of checks ?

 

And one of them has to be whether ( based on info in AOS ) the applicant is inadmissible.

 

For example if the applicant had a drugs conviction etc

 

It would seem nonsensical to issue AP to someone who is inadmissible. 

 

And if they do - if I were a cynic, I would say it is a trap !

Edited April 6, 2023 by JohnnyForeigner

[Boiler 45,413]

2 minutes ago, JohnnyForeigner said:

I guess they do lots of checks ?

 

And one of them has to be whether ( based on info in AOS ) the applicant is inadmissible.

 

For example if the applicant had a drugs conviction etc

 

It would seem nonsensical to issue AP to someone who is inadmissible. 

 

And if they do - if I were a cynic, I would say it is a trap !

The check to see if you are eligible to have it issued and if a fee is relevant it has been paid.

 

Everything else is up to you

[JohnnyForeigner 35]

7 minutes ago, Boiler said:

The check to see if you are eligible to have it issued and if a fee is relevant it has been paid.

 

Everything else is up to you

I understand that.

 

But surely that eligibility is dependant on your overall admissibility to the US ?

 

If not admissible to US - why issue it ?

[Boiler 45,413]

1 minute ago, JohnnyForeigner said:

I understand that.

 

But surely that eligibility is dependent on your overall admissibility to the US ?

 

If not admissible to US - why issue it ?

Because you qualify to ask for it. There is no check if you should use it.

[JohnnyForeigner 35]

I found an interesting point when researching it.

 

Being paroled into the US is NOT being admitted. The author argued whether "grounds of inadmissability" should even be a factor when there is no admission by USCIS own definition.

 

But I do not think that has been tested at court.

[JohnnyForeigner 35]

5 minutes ago, Boiler said:

Because you qualify to ask for it. There is no check if you should use it.

So, are you saying that a person who ticked the box for people trafficking / convictions / drug use are qualified to ask for it and it could be issued ?

 

If not, it brings me back to my original post. 

 

The officer at the airport has access to the same databases etc so anything he finds that renders the person inadmissible would be obvious to the person dealing with the AP application.

 

 

Edited April 6, 2023 by JohnnyForeigner

[Boiler 45,413]

Being admitted is definitely better than being paroled.

 

If you are concerned about all this being an issue then bey definition you should have a lawyer working on your case.

[Boiler 45,413]

1 minute ago, JohnnyForeigner said:

So, are you saying that a person who ticked the box for people trafficking / convictions / drug use are qualified to ask for it and it could be issued ?

 

If not, it brings me back to my original post. 

I do recollect such a box, but this is an administrative process, the people processing are not Immigration Lawyers.

[JohnnyForeigner 35]

9 minutes ago, Boiler said:

I do recollect such a box, but this is an administrative process, the people processing are not Immigration Lawyers.

I get that.

Neither is the officer at the airport.

 

My point is, they both have access to the same info.

 

My only issue is overstay. Which is not a bar to admission when pending AOS.

 

In my case, if I get AP and use it, I will NOT be admitted. My new i-94 would show me paroled in rather than admitted.

 

I just find it strange that an AP can be issued to a person deemed inadmissible. 

 

 

 

Edited April 6, 2023 by JohnnyForeigner

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas forum to Working & Traveling During US Immigration, to be among other threads about AP ***