traveling on Advance Parole with previous Illegal Presence...

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fat_face

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Have a friend who is married to a citizen and have a kid, he just traveled back to his home country on AP because his dad is extremely sick, after 10 years of staying illegal in the U.S. He came to the U.S with someone else's passport that was stamped with i-551 stamp back then. His lawyer filed a hardship waiver with i485 and told him he can travel back home on AP bcz his waiver was granted while i485 is still pending. Since his i485 is still pending, would be he denied entry back into the U.S bcz of a triggered ten year bar?
 
I think for all intents and purposes, he can kiss coming back into the USA good bye. Immigration fraud has no waiver. Advise him to settle wherever he is gone now.

fat_face said:
Have a friend who is married to a citizen and have a kid, he just traveled back to his home country on AP because his dad is extremely sick, after 10 years of staying illegal in the U.S. He came to the U.S with someone else's passport that was stamped with i-551 stamp back then. His lawyer filed a hardship waiver with i485 and told him he can travel back home on AP bcz his waiver was granted while i485 is still pending. Since his i485 is still pending, would be he denied entry back into the U.S bcz of a triggered ten year bar?
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What waiver has been approved? If this friend of yours entered the US on someone else's passport, then it is a fraudulent entry. The curent ASO in the works, is it based on this fradulent entry?

fat_face said:
Have a friend who is married to a citizen and have a kid, he just traveled back to his home country on AP because his dad is extremely sick, after 10 years of staying illegal in the U.S. He came to the U.S with someone else's passport that was stamped with i-551 stamp back then. His lawyer filed a hardship waiver with i485 and told him he can travel back home on AP bcz his waiver was granted while i485 is still pending.
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Triple Citizen said:
What waiver has been approved? If this friend of yours entered the US on someone else's passport, then it is a fraudulent entry. The curent ASO in the works, is it based on this fradulent entry?
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i think the waiver is for using fraudulent documents to enter the U.S .His attorney said he is not EWI because he was inspected at the airport at the time and was "admitted" eventhough he used someone else's i-551 stamped passport for entry. He said it was ok for him to leave on parole and then come back.
 
The lawyer must have been on crack. He faces the 10 year bar due to overstay.

fat_face said:
i think the waiver is for using fraudulent documents to enter the U.S .His attorney said he is not EWI because he was inspected at the airport at the time and was "admitted" eventhough he used someone else's i-551 stamped passport for entry. He said it was ok for him to leave on parole and then come back.
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Assuming, big time, that an entry based on fradulent documents when pardoned via a waiver is considered "inspected", he still has challenges. After overstaying in the US for 10 years he left. That kicks in the 10 year ban. Did he return (with fradulent documents) after 10 years had passed or during the 10 year ban period? If the latter, that I believe kicks in the lifetime ban.

fat_face said:
i think the waiver is for using fraudulent documents to enter the U.S .His attorney said he is not EWI because he was inspected at the airport at the time and was "admitted" eventhough he used someone else's i-551 stamped passport for entry. He said it was ok for him to leave on parole and then come back.
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Triple Citizen said:
Assuming, big time, that an entry based on fradulent documents when pardoned via a waiver is considered "inspected", he still has challenges. After overstaying in the US for 10 years he left. That kicks in the 10 year ban. Did he return (with fradulent documents) after 10 years had passed or during the 10 year ban period? If the latter, that I believe kicks in the lifetime ban.
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He hasn't returned yet...he is planning to come back next month with an AP. His i485 is still pending and he is not in removal proceedings. His attorney said they will argue the case based on Emokah vs Mukasey (2nd Circuit) which deemed entry with fraudulent documents to be "inspected and admitted".
 
Even if he overcomes the issue of fraudulent entry or had an actual legal entry, that's not sufficient. He had a long overstay which will cause the 10-year bar to be triggered starting with his departure.

It also seems odd to argue that he was "inspected and admitted" based on Emokah vs. Mukasey; that individual entered with their own actual visa, it's just that the visa was issued as a result of misrepresentation on the visa application. Also, that same case says the individual was inadmissible, which would prevent adjusting status.

He might be able to reenter with AP if the officer at the POE doesn't see his history of overstay (but I think they will see it, because AP is processed in the secondary inspection room where they have much more time than the regular immigration counter), but his AOS will ultimately be denied.
 
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Txf4se

Triple Citizen said:
I am surprised his lawyer did not catch this. Or perhaps he did, but was interested in making some money!!!
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the funny thing is that he even asked an opinion from a different attorney, and that attorney said the same thing i.e he can travel back without any problem on AP. I also thought, unless if they changed the laws recently, overstaying even with a legal entry triggers a 3-10 years bar when coming back. Does USCIS approves waivers for fraudulent entry etc... before approving the i485 or after bcz his lawyer said the waiver was granted.
 
He had two wrongs to deal with - the fraudulent entry, and the overstay. A waiver for the first doesn't mean the penalty for the second is also waived.
 
Jackolantern said:
He had two wrongs to deal with - the fraudulent entry, and the overstay. A waiver for the first doesn't mean the penalty for the second is also waived.
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despite all the odds...he came back to the U.S today with Advance Parole and a 10 year illegal stay prior to departing. His green card interview is also scheduled for next month.
 
Once they they review the situation in more detail during the green card process, they will realize he should get the 10-year ban, and his green card will be denied.
 
beautifulorchid said:
thanks for the update! did he have to apply for the waiver?? or did he just use his AP to come back?
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well before leaving, his attorney said the Waiver which they applied was granted and he could use advance parole to travel. His interview for green card is scheduled for next month...
 
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