A question regarding Advance Parole.

[JeanneAdil 6,498]

1 hour ago, JohnnyForeigner said:

I understand that.

 

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

 

If not admissible to US - why issue it ?

If a person gets AP and then leaves the US /they still have to follow CBP rules  every time they cross   the border to return

 

if a person has AP but is found with drugs or having used drugs while outside the US,   then the person would be inadmissible 

any countraband,  money laundering,  etc would    make an alien  inadmissible

[centric23 95]

They could've also gotten their GC denied if they did not respond to an RFE in time. Let's give benefit of doubt and say they were traveling outside the country using their AP when the RFE came in. If they're not monitoring properly, they could've missed the deadline. That's why it's important to log in to your online account occasionally instead of just relying on the case tracking apps, RFEs don't always show up in the system.

[EatBulaga 315]

3 hours ago, JohnnyForeigner said:

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. 

If you have an overstay issue, then I would consult a lawyer or not travel outside of the country at all until the GC.

 

I had posted my own question about denied entry with AP at

https://www.visajourney.com/forums/topic/798413-what-to-do-if-eadap-combo-card-is-rejected-by-cbp/

 

The flowchart of choices for AP travel seems simple in retrospect:

 

1) Choose to travel overseas with AP or, not or wait to travel after receiving the GC.

Wait for the GC seems to be the safest choice from entry point of view, not considering the risk or need to travel overseas.

 

2) If you choose to travel with AP, most likely AP entry will be approved at the Port Of Entry unless you have contraband, etc.

 

3) If denied entry with AP, then your choices are to hire a litigator to charge CBP of inappropriate denial (abusing authority, etc.),

or to return to the home country and abandon the AOS and file for the CR1 provided the reason for denial is not being qualified for the GC.

https://www.immigrationhelp.org/learning-center/what-to-do-if-denied-entry-into-the-u-s-with-advance-parole

 

Knowing your options might help you make the decision best for you?

Edited April 6, 2023 by EatBulaga