Bad AP Entry experience

[DSLstart]

Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot let AP holder to let in. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

[mmed]

Originally Posted by DSLstart

Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot let AP holder to let in. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

From the instructions of the AP, that is right. Some people think with AP you can travel and stay the whole year for example overseas. The AP, as per instructions, is for temporary, emergency visit.

[VJ2004]

Sorry to hear that.

I think it depends on the officer I guess .. My family visited inida last year and came back on AP but did not ask a question.

Originally Posted by DSLstart

Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot let AP holder to let in. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

[aaifor]

This is BULL SHIT.

No where does AP form say humanitarian purposes when getting EB based. That applies ONLY if you are outside the US.

Here is from the form

If you are in the United States and seek advance parole:
A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; or

B. You may apply if you have been granted Temporary Protected Status or another another immigration status that allows you to return to that status after a brief, casual, and innocent absence (as defined in 8 CFR 244.1) from the United States.

C) You may apply if you are classified as a refugee or asylee and you seek to travel abroad for emergent personal or bona fide business reasons, or you are traveling to Canada to apply for a U.S. immigrant visa. NOTE: If a refugee or asylee who returns to the United States with an Advance Parole Document is paroled into the United States at a port of entry upon return, he or she will not be returned to his or her refugee or asylee status. A refugee or asylee who returns to the United States with a valid Refugee Travel Document may be admitted to the United States to resume his or her refugee or asylee status. For additional information on Refugee Travel Documents, see Pages two and three of these instructions.


My highlights in RED

[naa_GC_ekkada]

I just came back from India 4 days ago using AP. My port of entry was DC as well. I was not asked a single question at the secondary inspection. All that happened was, the officer stamped the AP and I-94 and gave it back to me.

Sorry to hear that you had a bad experience at DC.

[Val S]

I am worried about my situation, please suggest.

I entered US on H1 and my wife on H4 which expired.
We both are on EAD and have Advance Parole(valid till October 2009).

My wife left US in October 2008 and plan to come back in 1st. week of June 2009. I am going in May 2009 and we both will come back to US in June '09.

Do you foresee any issues, is there any thing I should be taking care of.

Please suggest.