Advance Parole Usage: Collecting Statistics...

[ari4u]

Im just being curious here. Those who returned back to US using AP...

1. Were you subjected to secondary inspection?
2. Did the officer at the POE take away one sheet (original) of your AP?
3. How long was your wait till you were allowed to go?
4. Which line did you wait in before you got to speak to the officer at POE? (visitors/residents?)
5. What documents were you asked to show (besides your I-485 receipt)?
6. I know this is taking my questions too far... Did you overstay your visa and tried to enter US using AP? What was the outcome at the POE?

Please share your experiences as there seems to be a lot of confusion with AP usage at the POE. Your replies might help a lot of people here.

Thanks

[wor]

Hey Ari4U,
I travel this summer on my AP and I did not have any problem at all. When I left the country I was not ask for any documents, infact I did not even have my AP when I left. My wife mailed it to me by DHL the next week. When I got back (Wash. DC airport) there was a very very long line of people (I was in the vistor's line). I stood in that line for about 45mins. After speaking with the immigration officer I was asked to go in another area to speak to another officer. In that room there were only two people, me and another lady. I was very suprise. When it was my turn, the officer asked me for my AP and passport and asked me to have a seat. After about 5 mins he called me back and stamp in my passport and AP and gave them back to me. He gave me back the two AP. He did not ask me for any other documents or ask me any other questions. That was it.

[m3_mania]

Originally Posted by ari4u
Im just being curious here. Those who returned back to US using AP...

I went to Pakistan in Dec 2004 and came back in Jan 2005,


1. Were you subjected to secondary inspection?
no secondary inspection

2. Did the officer at the POE take away one sheet (original) of your AP?
No, he stamped my AP and gave it back to me (i received 2 AP initially)

3. How long was your wait till you were allowed to go?
Usual time no un-necessary delays

4. Which line did you wait in before you got to speak to the officer at POE? (visitors/residents?)
I was travelling with my wife, she asked the officer which line to go to and he said resident/citizens line is fine.

5. What documents were you asked to show (besides your I-485 receipt)?
My passport and nothing else

6. I know this is taking my questions too far... Did you overstay your visa and tried to enter US using AP? What was the outcome at the POE?
I did not over stay, I was on H1-B (but no H1-B visa)

Please share your experiences as there seems to be a lot of confusion with AP usage at the POE. Your replies might help a lot of people here.

Thanks

[amishah]

Behalf of my husband who traveled using AP

I went to India in October, returned back end of November


1. Were you subjected to secondary inspection?
no secondary inspection

2. Did the officer at the POE take away one sheet (original) of your AP?
Yes, he took away one sheet and stamped the other sheet and gave it back to me (i received 2 AP initially)

3. How long was your wait till you were allowed to go?
Usual time no un-necessary delays

4. Which line did you wait in before you got to speak to the officer at POE? (visitors/residents?)
Visitors

5. What documents were you asked to show (besides your I-485 receipt)?
My passport, H1 B Visa paper

6. I know this is taking my questions too far... Did you overstay your visa and tried to enter US using AP? What was the outcome at the POE?
I did not over stay, I came her on F1 and then got H1 B after finishing school

[ari4u]

Im answering my own post. Just got back today from a hectic three week vacation and here is my AP experience.

Im just being curious here. Those who returned back to US using AP...

1. Were you subjected to secondary inspection?
Yes.
2. Did the officer at the POE take away one sheet (original) of your AP?
Yes, Both sheets were stamped, the officer retained one sheet for their records and returned the other one to me.
3. How long was your wait till you were allowed to go?
10 mins.
4. Which line did you wait in before you got to speak to the officer at POE? (visitors/residents?)
I got onto the US Citizens and Permanent residents line as my wife was with me.
5. What documents were you asked to show (besides your I-485 receipt)?
Passport, AP, I-485 receipt.
6. I know this is taking my questions too far... Did you overstay your visa and tried to enter US using AP? What was the outcome at the POE?
No overstay.
Please share your experiences as there seems to be a lot of confusion with AP usage at the POE. Your replies might help a lot of people here.

More Info:
At the primary inspection, i was asked for my birthdate, who the petitioner was, how long was i gone and what was the purpose of the trip and i was asked to proceed to the secondary inspection room.
At the secondary inspection (After a 10 min wait), i was asked if this was my first time using AP, how long was i gone for, purpose of the trip, parents name for verification and my AP was stamped (one sheet retained and other one returned to me) and i was let go. My I-94 expiry is dated one year from the date of entry. The officer told me that i have to go through a secondary inspection every time i use my AP. This was at SFO airport

At the departing airport, i wasnt sure if immigration officers were aware of AP and if it would be recognised as a valid travel document. So to avoid confusion i showed my H1B which was still valid (Though i dont work for that company anymore, they did not cancel my H1B after i quit) and there were no problems, they cleared immigration and let me board the plane.

Thanks

P.S: MY inbox is full with PM's, apologies for not replying to them earlier as i was on a vacation for three weeks. I will reply to them as and when i get time.

[jenimmi]

Thanks for the update on AP, Ari.

Quite soon my Mom will be on her way to India on AP (i.e. if we don't receive an IL before that). She still has her B1/B2 visa valid for at least another few years. Right now, her I-485 is in process, with only FP completed so far. A few days ago, a Newark officer confirmed that her FPs AND her Name check had cleared. I still don't understand why we haven't received a IL or a Transfer notice yet from NBC - not even a online LUD change. Any idea?

Coming back to the question of AP, since her I-94 has expired already will she have a problem leaving US (at Newark airport or at Chennai). I am thinking not, but still asking to cover base.

I was under the impression, that I only need to send the AP docs(2 sheets) and the PP with her. But from your above post, it seems like I have to send with her the ORIGINAL I-485 Receipt letter as well? Or is a copy of Receipt Lr good enough?

When returning to US, since her knowledge in English is limited, is it sufficient if she is only trained to say to the officer at POE -

that her daughter is the petitioner
briefly state the purpose of her visit
duration of visit
DOB and
whatever else you were asked at primary & secondary inspection.

Should be showing at the POE her B1/B2 visa that's still valid?
Do I as the petitioner need to send a letter explaining this whole shebang which she can show at the POE?
I'm just trying to do as much, so she won't be stuck at the POE not knowing what's been said to her.

If any one knows what other potential questions might be asked, please post.
Thank you.

[ari4u]

Thanks for the update on AP, Ari.

Quite soon my Mom will be on her way to India on AP (i.e. if we don't receive an IL before that). She still has her B1/B2 visa valid for at least another few years.

the B visa is of no use as your mom is on a pending AOS status and has demonstrated immigration intent. Hence her non-immigrant visas cannot be used.

Right now, her I-485 is in process, with only FP completed so far. A few days ago, a Newark officer confirmed that her FPs AND her Name check had cleared. I still don't understand why we haven't received a IL or a Transfer notice yet from NBC - not even a online LUD change. Any idea?

Coming back to the question of AP, since her I-94 has expired already will she have a problem leaving US (at Newark airport or at Chennai). I am thinking not, but still asking to cover base.

There wont be a problem leaving US. Your mom should be prepared to show I-485 receipts to let them know that GC is pending if asked. I doubt the immigration officers at india would know what an I-94 is. So nothing to worry.

I was under the impression, that I only need to send the AP docs(2 sheets) and the PP with her. But from your above post, it seems like I have to send with her the ORIGINAL I-485 Receipt letter as well? Or is a copy of Receipt Lr good enough?

either one is fine. They need to confirm that AP is being used with a pending I-485, so it is definitely a good idea to carry I-485 receipts.

When returning to US, since her knowledge in English is limited, is it sufficient if she is only trained to say to the officer at POE -

that her daughter is the petitioner
briefly state the purpose of her visit
duration of visit
DOB and
whatever else you were asked at primary & secondary inspection.

Not sure if they would ask a lot of questions. She "may" be subjected to secondary inspection and might be asked how long she was gone for and why.

Should be showing at the POE her B1/B2 visa that's still valid?

Since the officer will have the passport, he/she might take a look if they are interested, but it wouldnt make a difference as the b visa cannot be used anyway.

Do I as the petitioner need to send a letter explaining this whole shebang which she can show at the POE?

Not a bad idea. You could do that.

I'm just trying to do as much, so she won't be stuck at the POE not knowing what's been said to her.

If any one knows what other potential questions might be asked, please post.
Thank you.

I dont think there shouldbe any problem. If they really need to ask her questions, they will get her an interpreter.

[sgsnathan]

jenimmi, I travelled in March on AP for 2 weeks, without my I-485 receipt and I had no problems. Just like ari4u mentioned, I had to make the officer at my home country (before boarding the flight) understand that I am travelling on an AP and not on a visa, and what an AP was. I should have just done what ari4u did instead. Anyways, at the POE, my wife and I were in the citizen/permanent resident's line and they send me to this other room (my POE was Dulles too like wor above) where I met 2 other uniformed officers. My wife was with me and they were joking with us and telling her that if she isn't very happy after the trip, they can refuse to let me in to the country. They didn't ask me anything except what we did back home. while one guy was looking through my AP and passport, the second guy came over as I guess they were bored sitting around in that room as we were the only people who came through there, and they seemed happy that they got someone to chat with. Anyways, they just stamped one of the copies of my multiple AP and gave back both of them to me. Btw, I never ovestayed on visas, though I had extended stay on a business visa years ago.

Now as a postscript, when I went for the AOS interview, the officer was surprised that the officer at the POE didn't keep a copy for their records. He made a copy of the AP document which was stamped by them for his records at the interview.

Now, if your mother has her AP (or if she has applied for AOS already), she should enter the country using that and not the B1/B2 visa because that is a non-immigrant visa and as soon as she started her AOS process, it became invalid. Now, that is not the case with the H1 visa which ari4u had which is a dual intent visa. Now, if you hadn't filed for her AOS before her I-94 expired and you didn't apply for an extension, she was out of status, and it is not really safe to travel on an AP as there is no guarantee that they would let her in. Otherwise, entering the country should be pretty straight forward for her as I don't believe that the people who inspect the AP are looking for a reason to not let you in, but just to make sure that you are the same person as is shown on the AP and you are following the rules.

[jenimmi]

Thanks very much Ari and Sgs. I really appreciate your response.

The most important thing that I wanted to ask but forgot was, whether my Mom should use the B1/B2 visa or the AP, at the ariport when leaving India, for her return trip. From your response, it seems it would be a good idea to show the B1/B2 and not AP (to avoid unnecessary explanation).

Do you guys know at what points at the Airport do they check these visas/AP (Airline counter for Boarding Pass and where else?)
How do they check the validity of the Visa? Is it just by looking at the PP?
I understand by filing I-485, the B1/B2 is technically not valid, but I'm curious to find out, if at the airport in India do they have means for checking this info?

Sgs- Her RD for I-485 is well before the I-94 exp dt, thanks for mentioning it though.

[sgsnathan]

Jenimmi, I don't think the officials at the airport in India would have any way of checking the validity of you rmom's visa. So I think she would be safe showing them the B1/B2 visa, unless she has a direct flight from India which seems to be possible now.

At the airport where she boards the flight into the US, they are sure to verify her documents again. This is because the DHS would make the plane turn around even if there is just one undocumented passenger on the flight. So at the airport/gate where she boards that flight, she will have to show them her AP. Since she already has the AP, she won't be subjected to the same amount of questioning that people with visa would be subjected to. (These guys are sometimes more thoroguh than the immigration officers at the POE. I was tired of saying that "yes they are our bags, yes we packed them, yes, all the stuff inside are ours" etc. So I tried telling at one time "Let me make your job easy, yes, the bags are ours, we packed them, all the stuff inside is ours, and it was never out of our sight". But the guy was nice and said, he still has to ask those questions by rules. So I let my wife answer them that time ) To make the long story short, your mother should show the AP at the airport/gate where she boards the flight into the US as they keep track of that information and it could be verified later.

[jenimmi]

Thanks again sgs.
Ok.. That's one problem solved at the Airport in India.

Yes her flights to the US always include a connecting flight, usually outside the US such as Frankfurt/London, the Boarding Pass for which is always issued at Chennai (starting point of the trip). I think this is what you are referring to.

When I checked with her about the formalities that she goes thro every time at these transit airport(s), she told me that they simply ask her to show an ID at the gate just before boarding (the 2nd leg of the flight)- which for her is always the PP. She doesn't know what they are looking at in the PP, but they give it back to her in a flash. Is it here that you are suggesting that she volunteer the AP info? Again b'cos of the language issue, I am wondering if she can still get by, showing them the PP, unless they want to ask her further Qs.

Did any one who went thro this in a transit airport had to show their AP there?

[sgsnathan]

Yes, I meant the transit airport, where you take the direct flight into the US. That is where they examine things more closely than in India, in which case you were just flying out of the country. This is where she would need to show them her AP. When was the last time your mother flew into the US? I had to go through much more closer inspection the last 2 times I flew into the US at the boarding airport for the direct flight into US, which was in 2005 and 2006, and so did all the other passengers. The officials at the airport gate questioned you closely even if you were a USC or a GC holder, but not as much as if you were just a visa holder. I think when you are on AP, they consider you similar to a GC holder. They also don't care about other information about you since all the information about you is already in the USCIS (and thereby Department of Homeland Security) databases. I have even seen F-1 student visa holders being asked for other documents like their I-20s.

[baby_mde]

Hi Everyone,

This is very interesting posting. I am visiting my parents and I am going to use AP.

We applied I-485 in Dec 2004 through my wife's GC process. At that time I was on H1B and in 2005 I have received EAD, from then on I am using EAD and working for different employer, and my H1B and I-94 expired in Dec 2005.

Presently I am working on EAD and I have applied I-485 ONE year before the expiration of I-94. I do not have a valid I-94 now.

My question is:

When I leave US, I will give all the I-94 cards that I have (Please note that the I-94 is valid until Dec 2005). At that time the air line ticket agents think that I overstayed in US????

Is there anyway that I can explain agent at POE (when I leave) that did not overstayed.

Anyway what is overstaying??? Did I??

[sgsnathan]

Baby, you have no reason to worry. The agent shouldn't be asking you that question when you leave anyway. Even if he/she did, you can just tell him that your GC is in process and you are travelling on an AP. In any case, you didn't overstay as you applied for AOS well before your status as an H1 visa holder expired.

[juno]

Hi,
I just got my AP approved.I came into US as canadian resident in 2000(exempt from visa at that time) ,my husband applied for my I-130 in jan2001 and then I never went back to canada.In March 2006 I applied for AOS and AP,now can I travel or being out of status I would have difficulty re-entering the country and I shouldnt take the risk.
My lawyer says that I can travel since I didnt have a date on my passport to leave the country and the INS wouldnt issue AP if I couldnt.What u guys suggest?.Thanx to all.
juno

[sgsnathan]

Juno, I wonder why you waited for so long to apply for AOS/AP/EAD, after your husband applied for I-130. Wasn't he a citizen at that time? How long could you stay on in the US according to the visa exempt program that you used to enter the US in 2000? If you overstayed that time period, you have been out of status and you are safer not trying to travel on an AP. USCIS would issue an AP if you show them that you have a reason to travel, but they check if you overstayed previously only when you try to use it.

[juno]

thanx sgsnathan for ur reply.Even I am thinking not to travel since I see INS is doing AOS quicker than before.
I think u could only stay 6 months.My husband has applied for citizenship in 2005.
juno

[ari4u]

Hi,
I just got my AP approved.I came into US as canadian resident in 2000(exempt from visa at that time) ,my husband applied for my I-130 in jan2001 and then I never went back to canada.In March 2006 I applied for AOS and AP,now can I travel or being out of status I would have difficulty re-entering the country and I shouldnt take the risk.
My lawyer says that I can travel since I didnt have a date on my passport to leave the country and the INS wouldnt issue AP if I couldnt.What u guys suggest?.Thanx to all.
juno

Looks like you entered using Visa waiver and overstayed your visa for a couple of years before you applied for AOS. If i were you, i would not leave the country as the 10 year ban will definitely be enforced.

[jenimmi]

Just curious to find out:

If there's a transit airport (where one boards the connecting flight into US) who in that airport checks the PP for visa? Is it the Airline officials or a government agency? If there was a visa on the PP, plus the AP - which one of that did you show to the officials in the transit airport?
Pls share your experience.
(Thanks sgs, I'm also trying to find out what the others did in this situation. It's quite an interesting topic)

I thought that only in the US they have the system to check the validity of the visa If the transit airport happens to be outside of US, then don't they just go by what they see on your PP? If one simply shows their visa, do they even have means to find out that they are in adj of status?

[vaishali81]

Hi there all,

I'm interested in applying for an AP as I'd like to go and visit my mother in Singapore in early February. My questions are, how long is the AP valid for?Do you have to use it within a certain time period or is it indefinite? Is there a time limit as to how long you can stay out of the states during the GC processing on the AP? Also, what if you visit multiple countries during your time out of the states, for example, i use my return ticket to singapore, buy a new return ticket in singapore enroute via london, visit friends there for a while and then return? would that be alright? Again, is there a time limit as to how long you can stay out of the states for while your GC is processing?

[ari4u]

Just curious to find out:

If there's a transit airport (where one boards the connecting flight into US) who in that airport checks the PP for visa? Is it the Airline officials or a government agency? If there was a visa on the PP, plus the AP - which one of that did you show to the officials in the transit airport?
Pls share your experience.

As far as i know, the airline staff checks your boarding pass and passport before you board the plane. I dont remember them checking the visa page at any time. It is clear that the boarding pass was issued after verification that the visa is valid and the passenger is allowed to fly and hence it will not be checked at every transit point unless one breaks the journey during transit.

(Thanks sgs, I'm also trying to find out what the others did in this situation. It's quite an interesting topic)

I thought that only in the US they have the system to check the validity of the visa If the transit airport happens to be outside of US, then don't they just go by what they see on your PP? If one simply shows their visa, do they even have means to find out that they are in adj of status?

As far as i know, boarding pass and passport is all they check for. Others who fly frequently can comment.

[ari4u]

Hi there all,

I'm interested in applying for an AP as I'd like to go and visit my mother in Singapore in early February.

My questions are, how long is the AP valid for?

One year from the date of approval

Do you have to use it within a certain time period or is it indefinite?

You can use it as long as it is valid, and as long as your I-485 is pending.

Is there a time limit as to how long you can stay out of the states during the GC processing on the AP?

AP is valid only for one year, so you cannot stay outside the US for more than one year.

Also, what if you visit multiple countries during your time out of the states, for example, i use my return ticket to singapore, buy a new return ticket in singapore enroute via london, visit friends there for a while and then return? would that be alright?

I dont see how this questions is in context with the usage of AP. Can you be more specific?

Again, is there a time limit as to how long you can stay out of the states for while your GC is processing?

As i mentioned above, AP is valid for one year so that means you cannot be outside the US for more than a year on AP. I dont know the implications of staying out of the US on AP for a long time, but i can tell you that it is advisable to stay in the US for as much as possible when GC is processed so you can respond to anything needed from USCIS, like FP/Bio appts, RFE, infopass appts. my 2 cents...

[jenimmi]

Thanks much, Ari.

One more Q. Usually, my parents fill out the I-94 and the Customs Declaration form. When I looked at the I-94 it says "everyone except USC, or with immigrant visa, alient resident and so on.." has to fill the I-94.

Those with AP (who are actually in the process of adj status) do not have to fill this out this thing, I guess. What other form (my Mom says she saw others filling out a green form) needs to be filled out by those entering on AP? Do you know what it is called and is it there for us to see online?
Thanks.

[sgsnathan]

The form filled out by USC/GC holders is different from the one that is filled out by people who have a visa or an AP which is the I-94 form. If you are on AP, you fill out the same forms that someone with a visa would fill out because you still get an I-94 unless you have a green card or you are a USC. I believe that the green form your mother is talking about is the form filled out by USCs and GC holders.

Now as for who checks your visa, if they do at the transit airport. I believe that it is the airline officials. At least that was my observation the last 2 times I flew out of the country. My reason for saying that - the people I dealt with were definitely Americans and they worked for the airline. They made sure that I had a valid passport/visa/I-20/AP or whatever people were supposed to have to make sure that you would be eligible to enter the US when you were at the POE. I believe that the reason for this scrutiny is that the airlines aren't supposed to bring any undocumented passengers into the US or they can be asked to turn around and fly back where they came from.

[jenimmi]

Thanks, Sgs.
Good to know it's still the I-94 (which my Mom has filled out so many times and is quite familiar with), but the "date valid till" that they put on it, doesn't make any sense in this case. If for some reason, the I-485 doesn't get approved before the date stamped on the I-94, that person can still stay beyond that date... So, what use is that stamp anyway? What do you guys think?

[JohnnyCash]

Hi there all,

I'm interested in applying for an AP as I'd like to go and visit my mother in Singapore in early February. My questions are, how long is the AP valid for?Do you have to use it within a certain time period or is it indefinite? Is there a time limit as to how long you can stay out of the states during the GC processing on the AP? Also, what if you visit multiple countries during your time out of the states, for example, i use my return ticket to singapore, buy a new return ticket in singapore enroute via london, visit friends there for a while and then return? would that be alright? Again, is there a time limit as to how long you can stay out of the states for while your GC is processing?

Advance Parole:

Though much has already been said about it, yet there is still a bit more left to be known, which might somehow help to someone to understand everything about it.

Advance Parole (AP) is a travel document to allow someone to enter into the US, which is issued to those who cannot obtain visa (permission) to enter into the United States.

98% of its recipients are immigrants (within the US) with pending AOS. That means there must be a pending I-485 to seek and approve AP. If there won’t be a pending AOS, AP won’t be issued/granted. Filing I-130 or any other application with USCIS is not a AOS; rather I-485 is the only one.

Rest of its recipients are those who are unable to obtain nonimmigrant visa from abroad to enter into the US for an emergent reason. In that case, USCIS would parole these people from here on humanitarian ground. But applicants must have to have- (1) very convincing reasoning to travel to the US like coming over here to get medical treatment; attending funeral of very close family; or visiting a very ill immediate family member; (2) all other efforts must have been made with US Consulate at abroad in seeking entry into the US prior to seeking AP thru USCIS. However, keep it in mind that obtaining an AP on humanitarian ground is VERY difficult (none to impossible) and it’s completely discretionary.

AP is issued for a temporary need. However, one can stay outside the US on AP as long as s/he would wish to, but that person must need to come back to the US before the expiry of AP; otherwise s/he won't be able to use it to enter into the US.

It remains good for one full year from the date of its issuance. After a year later, applicants will have to apply for it again, whether the previously one is used or not, if the need to travel outside the US is still existed while AOS is still under processing.

It’s issued with multiple entries, which means applicant can use it as many times as s/he would wish to so long it’s still valid (meaning-not expired). It doesn’t matter how many countries one would visit because AP is a document to enter into the US than to enter into other countries. So, it doesn't matter to USCIS if someone will travel many countries, with or without AP.

USCIS issue two original documents of its to every applicant. This is just for a back-up plan if one of them gets lost/damaged. Just because someone obtains an AP, doesn't mean s/he has to use it. One doesn't need to use it if s/he doesn't want to. But if someone wants to use an AP, then it must be used before it's expired.

It should also be known that once a person files for AOS, all other valid visas on his/her passport get invalid automatically right away including I-94. That means, those valid visas on the passport and valid I-94 cannot be used to re-enter into the US or to prove a lawful status in the US.

Of course, airlines don’t know about all this legality, thus they will let a person board if s/he has a valid visa despite of him/her having a pending AOS. To them, all they need from a traveler is- a valid US passport AND a visa/entry permit to enter into the US. That is all. But USCIS will definitely refuse an entry to those who would use a valid visa on their passport instead of AP if they would have a pending AOS as Immigration officers at the ports can see in their system whether AOS is filed or not.

Why would USCIS at port of entry refuse entry to these people who are using valid visas on their passport to enter into the US despite of having pending AOS ? Because it is against immigration laws to use a nonimmigrant visa for an immigrant intent. If this would happen, then such immigrant would have no option other than applying for an immigrant visa (green card) from abroad from the scratch, which could be a risky option for some immigrants who overstayed here at some point. And then, they will be subjected to 3/10 years bar to get back to US for sure despite of being having an immediate US citizen relative.

Having a US citizen spouse/relative won’t bail them out then and their AOS will surely be denied. Although waiver is available in this situation to overcome this 3/10 yrs bar once AOS is denied first, but obtaining a waiver is very hard anyway unless immigrants can prove to USCIS that their US citizen relative would face EXTREME hardship if an immigrant visa (green card) were not granted to them.

Whenever an immigrant departs from the US on a round-trip (return) ticket, airlines normally ask to see either a green card, visa or AP to make sure if such immigrant could be allowed back on board with them upon returning to the US. Not all the times airlines ask this information, but most of time they do. It also depends upon the airline’s agent whom immigrants would deal with.

By the way, as per the instructions given to airlines by USCIS, airlines are compelled to ask from every immigrant to hand over to them previously issued I-94 upon departing from the US even if it is expired. If someone doesn’t have it (because of lost/stolen) or if it has expired, it won’t be a big deal though. I-94 matters ONLY in the US ports and it is used by USCIS just to keep their record updated on every immigrant. I-94 has nothing to do with other countries’ govt, nor they know much about it.

Every airline knows about AP if the airline is permitted to do business within the US. As a matter of fact, they deal with immigrants on a daily basis who use AP to enter into the US from abroad. It could be possible that some airline agents (probably rookie ones) might not know about AP, which might cause a denial or having a hard time to board on a flight to US. If this would be the case, then such immigrants should ask to speak to a supervisor of that airline’s agent.

I’ve noticed this kind of incident one time in the past. I was actually taking a flight from New Delhi (India) to New York 7 yrs ago on Air India. While I was checking-in with the airline, I noticed a lady was refused to board in. According to airline agent- she had no visa/green card to enter into the US. She was showing and explaining about AP to that agent, but agent was completely naive and unaware of AP. She eventually got so frustrated and started crying. I interfered into the matter and explained to the agent about AP. I also requested to speak to a Supervisor on behalf of her. Supervisor was called-in. And of course, the lady was allowed to board in as Supervisor knew of what is an AP. So, don’t be panic. Ask to speak to a Supervisor if such thing ever happens to you or to your loved ones.

If someone would be using AP to enter into the US, they should tell to the airline about it from the ghetto (at a boarding point in abroad) despite of having any kind of valid visa on the passport. Though airlines don’t care whether someone is using a valid visa or an AP to enter into the US because all they care about is seeing some kind of permission given by US govt. to a traveler to enter into the US. But a distinction between a visa and an AP is a defining matter for USCIS.

Why is it important for someone to tell to airlines about AP despite of having a valid visa on the passport? Because after 9/11 incident, airlines are compelled to send certain information about every passenger to US govt. prior to their arrival on US jurisdiction. Though that information is used to know about terrorists and most dangerous people on govt. list, yet still it could be possible that airlines might send extra information to the US govt., which might conflict later on.

However, rest assured that DHS don’t turn a plane back if there is an undocumented person on the board. They also don’t turn a plane back even if there would a most wanted person. The only time they would turn or divert a plane when someone’s name on the board would match with terrorist’s name in their list. For example, a few months ago DHS diverted a plane (from Pairs to NYC) to Canada after mistakenly matching someone’s name on the board with a terrorist’s name. That plane was even escorted by two US fighter planes to shoot that down in case.

Besides that, USCIS has many offices in Europe and other part of the world, especially in Italy, England and Germany. Thus, they do get information on passengers from airlines prior to their arrival on US shores to verify all the information (like AP/Visa and identity of the travelers). That’s why a lot of immigrants were/are sent back to their home country from Europe while taking connecting flights to US. Whenever a flight bounds to US especially from Europe, USCIS officers stay right there along the side of airlines’ personnel to verify the authencity of visa/AP and identity of travelers.

The USCIS offices at European ports do check every traveler from south India who are on their way to US because of volume of the visa-fraud committed by travelers from South India. I personally know at least 55 people who were returned back from European ports while they were on their way to US. These people were using other people’s passport to enter into the US. During that time, there was no digital visa (the picture one); rather it used to be a stamp visa (without a picture). Yet there are still some cases wherein people are seen to be indulged in those activities despite of having digital visa. Thus, it is better to tell the airline about AP from the beginning to avoid any hassle later on.

When a person arrives at US port on AP, s/he could stay on any line except a line for US citizens. The immigration officer at the window would check upon the AP + passport, and would put them together in a folder, and would send the person in a different room (inspection room) wherein many immigration officers are seen to be sitting on a upper level with computers. The folder was given to Immigration officers by a guard over there while this person will be asked to have a seat until s/he is called upon by the officer. The immigration officer would check all the information in the system to verify everything. If everything goes well, officer would affix a stamp on a passport as well as on I-94 form (which would be attached to a page in the passport). Officer would chop/affix a same notation/stamp on AP documents too. Very rarely officers would keep a copy of AP document; otherwise 99.99% they don’t.

The stamp will say that this person is paroled into the US for one full year. The one full year will start when officer would parole this person into the US on AP (upon arrival at US port on AP). Let me give you an example on this. If I was granted an advance parole 11 months ago and I made a travel only now for a few days, then upon my return to US, officer at the port of entry would parole me for another full year from the date of my arrival even though my AP would be expired in a few days as AP remains good only for one year from the date of its issuance. So, don’t be confused here between the date of issuance of AP with the date of parole into the US upon arrival.

A person who would arrive here on AP must be using form I-94 which is used by tourist (the white one).

A person who has used AP MUST tell to the adjudication officer about using it at the time of interview on AOS so that officer could update the file on that applicant as to the last entry into the US as what. Plus, all the AP documents and I-94s should be given to adjudication officer at the time of interview so that officer could keep everything in the file. This is important to avoid any trouble in the future if ever case gets reopened.

After 9/11 incident, a through inspection has became a routine if someone arrives here on AP especially with males from Asia. In order to make everything sure, immigration officers at port of entry could ask anything related to AOS to match the information with AP. Thus, having a copy of I-485 won’t hurt, but it is really not necessary because they never ask for any other document except AP and passport. Plus, every port of entry has its own policy or procedures on dealing with people with AP. So, one cannot say for whole USCIS if things went differently to him/her. However, a tough inspection is a must in certain ports because of high fraud activities over there, like in Miami, San Francisco, Seattle and Hawaii. These ports are known for most of the fraud activities. But the things are very easy and smooth in JFK (NYC) and Newark (NJ).

AP is best to travel when AOS is pending but not always. It has some big drawbacks as well. The first one is-it would bar an immigrant for 3/10 yrs if someone would depart the US after accumulating illegal period here at any time. That's why it is not advisable for a person to travel outside the US even if s/he gets AP if s/he has ever overstayed here at one point. Because if such person would ever travel outside the US (even on approved AP), then s/he would be barred for 3/10 yrs later on at the time of interview on AOS depending upon the duration of his/her overstaying period in the US. Having a US citizen-spouse/immediate relative won’t bail them out. Getting back to the US won’t be a problem, but his/her AOS would be denied at the interview because of this 3/10 yrs bar.

The only option for that person would be then- to file a waiver on the basis of EXTREME hardship to a US citizen relative. Pay attention-Extreme Hardship waiver and not just any other waiver. Mere separation, financial reason or anything else won’t do the trick. Also, keep in mind that waiver is very hard to obtain. And, there is no appeal available on waiver if it gets denied since it is discretionary.

USCIS don’t check the whole file or application when they approve an application for AP. Thus, they don’t know if such person has ever overstayed or not in the past. All they want to know is-whether or not there is a pending I-485 in order to grant an application for AP. That is.

By law, AP is designed to seek/approve only when there is an emergent need to travel outside the US. Until 4-5 yrs ago, USCIS used to deny an application for AP more often when there wasn’t any emergency reason to travel outside the US. That’s why they used to demand so much documentation and a personal interview was must to approve an application for AP. But lately (for the last few years), they are not caring about anything and approving it to everyone who asks for it. Probably they have changed their ways to make money this way. Nevertheless, a warning for 3/10 yrs bar would be there on AP for people to evaluate their risk before departing the US.

The second drawback of it is- if I-485 gets denied while person is traveling out on AP then s/he won’t be able to get back to US. Yes, airlines will bring that person to port of entry, but Immigration officer would refuse the entry to that person because once I-485 gets denied then everything associated with it gets revoked/cancelled automatically itself, like EAD, AP or anything else. That means, even if person will show up at port of entry with valid documentation, USCIS officer would refuse the entry to that person based upon the current/updated/LUD information on the system.

A lot of cases get adjudicated without interview. Sometimes they get denied. Since everyone knows that interviews are being waived these days in many applications, thus it could be very risky if a case gets denied while a person is traveling out on AP. I’ve read at least 17 cases wherein people left the US on AP, but when they tried to enter back, they were refused entry because their cases were ended up in denial while they were out. In other cases, I’ve read that USCIS have revoked AP itself after few weeks/months later of its approval without giving any notice to applicants. Thus, those people were not able to get back into the US.

That’s why it is very important not to travel while case is being processing unless it is very necessary. But if someone does, then they should know the risk in advance. Any other argument with govt. won’t do any good. I know some people might say that why USCIS grant an AP at first hand to those who mentioned to the govt. very clearly about being overstaying in the past. Some might say that it is no brainner that govt. grant an AP to people but they revoke it itself without giving any notice. I’m not here to justify what is wrong and what is right; rather I’m here to let people know what has happened and what could happen so that they could make a thoughtful decision based upon their own judgement than blaming others.

If someone can’t speak/understand English well, then it is advisable for that person to carry a letter in English from someone about some basic information of the trip so that officers at the port of entry (upon arriving) would know why this person made a trip outside the US while AOS is being processed.

Hope this helps.

[juno]

Hi Johnny cash,
Thanx ur post was very informative.I have one more question if u could answer, I came into US from canada as canadian resident in 2000 when residents were exempt from visa and I planned to go back but due to some reasons could not go back and within 6 months my husband applied for my I-130(jan 2001).Now when the visa number is available we applied for I-485 (under 245i) as spouse of green card holder.I got my AP approved recently.I never went out of US since 2000.Now I didnt have a specific date to leave the country would I stiil be considered Out of status and the 10 yr bar apply.Ur reply would be appreciated.
juno

[JohnnyCash]

Hi Johnny cash,
Thanx ur post was very informative.I have one more question if u could answer, I came into US from canada as canadian resident in 2000 when residents were exempt from visa and I planned to go back but due to some reasons could not go back and within 6 months my husband applied for my I-130(jan 2001).Now when the visa number is available we applied for I-485 (under 245i) as spouse of green card holder.I got my AP approved recently.I never went out of US since 2000.Now I didnt have a specific date to leave the country would I stiil be considered Out of status and the 10 yr bar apply.Ur reply would be appreciated.
juno

Juno,

If you would depart the US, you will surely be allowed back into the US because you have valid AP. However, your AOS (I-485) would 100% be denied at the time of interview because you will then be subjected to 10 yrs bar to re-enter into the US under any status because of your departure from the US after being overstaying here for so many years. When I say here-any status then it means-no visa whatsover to you for the next 10 yrs, neither immigrant visa (green card) nor nonimmigrant visa.

Filing a petition-I-130 (by your husband in your case) doesn't mean one has stopped accumulating illegal status, nor it means one has a legal status/right to live here. I-130 is nothing except it is just a basis for a green card. That is all. The only time an illegal period would stop is when I-485 is filed, and not I-130 or any other application. That means, you have been living here illegally for so many years since you filed I-485 only now when priority date became current in your situation.

So, if you leave the US before adjusting your status (meaning-before obtaining green card) then your application for Adjustment of Status (I-485) would 100% be denied under INA 212 (a)(9). Then, you would need to file a waiver based upon EXTREME hardship to your husband if you will not be allowed to live with him here in the US. Waiver is VERY hard to obtain, especially when the standard to prove the hardship is-EXTREME.

You need to know that you can get green card here in the US despite of being staying illegally for so many years. Why? Because you are protected under section 245 (i) as I-130 was filed for you before April 1, 2001 when section 245 (i) expired. But this section won't protect you if you leave the country before adjusting your status even if you have approved AP because section 212 (a)(9) supercedes here.

You need to know very clearly that if (only if) you don't leave the country before adjusting your status, then you are okay. Your AOS will be approved because you are not subjected to 10 yrs bar because of section 245(i). But if you leave the country prior to adjusting the status, then you will be subjected to 10 yrs bar. Means-denial of your AOS and deportation.


If I were you, I would NEVER dare to leave the US before adjusting my status. I mean, adudication of applications are taking only 6 months these days no matter where do you leave. So, why do you want to put yourself in a loosing battle? No brainer.

Good luck.

[JohnnyCash]

My lawyer says that I can travel since I didnt have a date on my passport to leave the country and the INS wouldnt issue AP if I couldnt.What u guys suggest?.Thanx to all.juno

Your lawyer is 100 zillion percent WRONG. INS issue AP to EVERYONE even if someone has overstayed here. Why is it so? Because at the time of granting AP, they don't check/see/care if an applicant has ever overstayed or not. Rather all they want to see/check/care is if applicant has a pending I-485 or not. That is all. It could be a money making purpose. I dunno but it seems to me that way.

However, take a note that INS do warn the people about 3/10 yrs bar to every applicant as this warning indicates on AP itself and even on the Form I-131 (Application for travel (AP)).

Re-entering into the US won't be a problem so long you would have a valid AP, but your AOS would be denied at the time of interview because of leaving the US being illegal here so many years. Even if your husband would have been a US citizen, you will still be subjected to 10 yrs bar. This bar doesn't forgive an immigrant automatically even if an immigrant has a US citizen spouse/immediate relative. So, don't think that you will be okay if your husband becomes a US citizen before your I-485 is adjudicated.

Date on the passport means nothing and it is totally irrelevant here. Why? Because you will be under oath during the interview. That means, you cannot lie to the officer at the time of interview on AOS about being living here illegally for so many years. Lying to US govt. is a LIFETIME bar in case if you don't know this. Besides, INS has its own way to know if you have lived here illegally or not. So, don't listen to what this lawyer is telling you.

I wish you good luck if you are being representating by the lawyer who told you so.

[juno]

Thanx a lot for ur detailed answer,I really appreciate it.Yes I wouldnt leave the country till I get my Greencard.
I wouldnt agree with the lawyer too, due to my concern he said he would do more research and let me know in 2 weeks.Even if his answer is yes I will still wait.Though I thought the 10 yr bar would apply when I re-enter and not at the time of interview.Thanx for the clarification.
juno