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Advance Parole Warning
- Thread starter tammy2
- Start date
This seems to be a general statement and not any thing new. But the real question is what happens to people who have their AOS pending but still have a valid H1B on their passport?.... This grey area has never been discussed thoroughly. There seems to be difference in opinion even between lawyers , in this regard.....
Reality is far from the truth......
All is said well in paper.. One friend of mine was denied entry and after begging and pleading was admitted back on H1b and was told by the officer at the POE that they can admit only on AP and the officer had to call somebody up in his hierarchy to get this resolved.. Dont take BCIS for granted and what is written on the application form.. There has been quite a bit of delibeartions by lawyers in this regard already... I am sure you will pounce on this and say that you can sue BCIS for this , but if you are put in this situation you will also dance to their tune ..............
Originally posted by MonkMonk
In the I 485 application form. It clearly mentions H1 Visa holders have an exception from needing a AP. Please download the form and read it.
All is said well in paper.. One friend of mine was denied entry and after begging and pleading was admitted back on H1b and was told by the officer at the POE that they can admit only on AP and the officer had to call somebody up in his hierarchy to get this resolved.. Dont take BCIS for granted and what is written on the application form.. There has been quite a bit of delibeartions by lawyers in this regard already... I am sure you will pounce on this and say that you can sue BCIS for this , but if you are put in this situation you will also dance to their tune ..............
WASHINGTON, DC - U. S. Citizenship and Immigration Services (USCIS) reminds immigrants to obtain Advanced Parole before traveling abroad. Advanced Parole (Form I-131-- Application for Travel Document) is permission to re-enter the United States after traveling abroad, and allows for the continuation of processing for an adjustment of status to that of lawful permanent resident. “I want America’s immigrant population to know before they go. These requirements must be met before leaving and are imperative for return to the U.S.,” said Director Eduardo Aguirre. “This reminder is consistent with our commitment to world-class customer service and enhancing the integrity of our immigration system.” Travel outside of the United States without advance parole may have severe consequences for certain immigrants who are in the process of adjusting their status. Such immigrants may be unable to return to the United States and their applications may be denied. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 stipulates that immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those immigrants who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Immigrants, who are unlawfully present, depart the U.S. and subsequently re-enter under a grant of parole, may nevertheless be ineligible to adjust their status. USCIS urges all immigrants with pending applications for adjustment of status to consult its National Customer Service Center at 1-800-375-5283, www.uscis.gov, an immigration attorney, or an immigration assistance organization accredited by the Board of Immigration Appeals before making any travel plans. On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing the integrity of our nation's security. www.uscis.gov
Raj Chandra
Registered Users (C)
Originally posted by z/OS V1.4
WASHINGTON, DC - U. S. Citizenship and Immigration Services (USCIS) reminds immigrants to obtain Advanced Parole before traveling abroad. Advanced Parole (Form I-131-- Application for Travel Document) is permission to re-enter the United States after traveling abroad, and allows for the continuation of processing for an adjustment of status to that of lawful permanent resident. “I want America’s immigrant population to know before they go. These requirements must be met before leaving and are imperative for return to the U.S.,” said Director Eduardo Aguirre. “This reminder is consistent with our commitment to world-class customer service and enhancing the integrity of our immigration system.” Travel outside of the United States without advance parole may have severe consequences for certain immigrants who are in the process of adjusting their status. Such immigrants may be unable to return to the United States and their applications may be denied. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 stipulates that immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those immigrants who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Immigrants, who are unlawfully present, depart the U.S. and subsequently re-enter under a grant of parole, may nevertheless be ineligible to adjust their status. USCIS urges all immigrants with pending applications for adjustment of status to consult its National Customer Service Center at 1-800-375-5283, www.uscis.gov, an immigration attorney, or an immigration assistance organization accredited by the Board of Immigration Appeals before making any travel plans. On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing the integrity of our nation's security. www.uscis.gov
Once upon a time, it was a rule. Those who filed I485 should get in USA only using AP. But INS/BCIS/USCIS was not implementing them strictly so far and now I guess they mean business.
Last week we missed a TGIF from our friends in this forum but I guess the USCIS compensted that by mentioning : ...said Director Eduardo Aguirre. “This reminder is consistent with our commitment to world-class customer service and enhancing the integrity of our immigration system.”...
thanks buddy. Is it AP warning or it is safe when one has AP if he is not illegally present in this country . I wonder does anybody know how they are going to find out if some one was on bench for certain period of time 3/4 years ago ?. I doubt ,unless there is recorded evidence that one has made some noticable offence then only they will come to know. Any one is welcome to correct me if I am wrong.
I have a pending AOS and am waiting for AP. I have a valid H-1B and asked my immigration attorney about holiday travel prior to obtaining AP. He strongly advised against it (though he basically said pracically speaking it would likely work out OK especially considering it would be by car to Canada and I am Canadian).
His advice was in contrast to the many people here who have said that you're fine to travel on H1-B without AP. I am not taking any chances and am following my the attorney's advice.
His advice was in contrast to the many people here who have said that you're fine to travel on H1-B without AP. I am not taking any chances and am following my the attorney's advice.
Originally posted by kash777
thanks buddy. Is it AP warning or it is safe when one has AP if he is not illegally present in this country . I wonder does anybody know how they are going to find out if some one was on bench for certain period of time 3/4 years ago ?. I doubt ,unless there is recorded evidence that one has made some noticable offence then only they will come to know. Any one is welcome to correct me if I am wrong.
Being on the bench is not illegal stay...
Raj Chandra
Registered Users (C)
Originally posted by kash777
thanks buddy. Is it AP warning or it is safe when one has AP if he is not illegally present in this country . I wonder does anybody know how they are going to find out if some one was on bench for certain period of time 3/4 years ago ?. I doubt ,unless there is recorded evidence that one has made some noticable offence then only they will come to know. Any one is welcome to correct me if I am wrong.
If you're mentioning about the article...
-It is safe to have AP, because using that only you can get into USA(per article).
-If someone was on bench for a certain period of time and if that person was employed, it is not an offense, provided that person was with the employer who filed his/her GC or if that person used AC21 and went to different employer and stayed on bench for some time. The USCIS can find it easily by issuing an RFE for that period and asking for the pay stubs.
It do not matter if you are on bench or on chair, or on leave or on company payroll. Without pay for any period is considered as technically out of status. That's the reason they ask for paystubs for everything as a proof that you are in a job.
Luckily they are asking for two or three months latest paystubs. What if they ask for the etnire time since one came to USA. They can easily know how long you are worked or not.
If you are not in job, you are not paid. It's simple.
Luckily they are asking for two or three months latest paystubs. What if they ask for the etnire time since one came to USA. They can easily know how long you are worked or not.
If you are not in job, you are not paid. It's simple.
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Raj Chandra
Registered Users (C)
Originally posted by z/OS V1.4
What if they ask for the etnire time since one came to USA. They can easily know how long you are worked or not.
Haven't heard of any case like that, but you're right. With USCIS, any absurd theory will make sense.
This seems to be a general statement and not any thing new. But the real question is what happens to people who have their AOS pending but still have a valid H1B on their passport?.... This grey area has never been discussed thoroughly. There seems to be difference in opinion even between lawyers , in this regard.....
chakmur, I am not what you are trying to say, but here is the INS memo on the advanced parole, H1, EAD. H1 is valid for AOS people to re-entry US
http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm
Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status.
Originally posted by z/OS V1.4
It do not matter if you are on bench or on chair, or on leave or on company payroll. Without pay for any period is considered as technically out of status. That's the reason they ask for paystubs for everything as a proof that you are in a job.
Luckily they are asking for two or three months latest paystubs. What if they ask for the etnire time since one came to USA. They can easily know how long you are worked or not.
If you are not in job, you are not paid. It's simple.
This is absolutely WRONG.
Once you have filed I-485, you are "In the status authorized by the Attorney General" until you hear the decision on your I-485.
One reason the CIS is asking for paystubs is they want to know how you support yourself (and your family) while waiting. They can also use the paystubs to find out if you're now working with your sponsoring employee or somebody else.
Paystubs have nothing to do with immigration status.
If u have AP then it is fine.
Originally posted by kash777
massDBa, do you mean that your attorney advised to take AP when your 485 is pending ? and return on AP ?
I have AP and travellling soon , but now got confused reading several post on AP as my 485 is also pending