vaishali81 said:
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.
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?