Have you had any bad Experience with Advanced Parole?

[Reza-EB2 NIW]

Hi Everybody,
My sister is on F1 visa status and needs to return to Iran to visit our parent (medical emergency). We don't have multi-entrance visa and in addition, our visa has been expired (only valid I-20). Our only chance is to apply for Advanced Parole (AP). We have been told that granting AP does not guarantee returning to US. I am wondering if anyone has had any experience with this issue.

Thanks,

 

[dms]

Relax - for some reason people here seem to think that using AP is a hit-and-miss thing. In reality, in the vast majority of cases using AP is painless. However, there are some situations when you could indeed be refused admission:

1. You are subject to the three or ten year inadmissibility bars for a previous extended period out of status. These bars are absolute (except in cases where hardship can be proven) and if you are subject to them then all that you can do is remain in the country until you get citizenship.

2. The AP is itself invalid for some reason. For example, an unexpired AP will become invalid if the I-485 it is based on is denied.

3. There is some other reason that you would not be allowed into the country. For example, if you are a wanted felon then the immigration officer is likely to spot this when scanning your passport.

Unless any of these apply to your sister then she shouldn't have anything to worry about.

 

[immiq]

Relax - for some reason people here seem to think that using AP is a hit-and-miss thing. In reality, in the vast majority of cases using AP is painless. However, there are some situations when you could indeed be refused admission:

1. You are subject to the three or ten year inadmissibility bars for a previous extended period out of status. These bars are absolute (except in cases where hardship can be proven) and if you are subject to them then all that you can do is remain in the country until you get citizenship.

2. The AP is itself invalid for some reason. For example, an unexpired AP will become invalid if the I-485 it is based on is denied.

3. There is some other reason that you would not be allowed into the country. For example, if you are a wanted felon then the immigration officer is likely to spot this when scanning your passport.

Unless any of these apply to your sister then she shouldn't have anything to worry about.

Her sister is an F-1. Is she eligible for the AP although she does not fall into your three situations? Do you want to add one more situation?

 

[dms]

Her sister is an F-1. Is she eligible for the AP although she does not fall into your three situations? Do you want to add one more situation?

Whether she is eligible for AP or not is a different question. The OP asked about the 'safety' of using AP, which is what I answered. If she can't even get the AP to start with then the rest is rather moot. I'm afraid I know nothing about F-1 visas, so I can't answer that question.

 

[immiq]

Whether she is eligible for AP or not is a different question. The OP asked about the 'safety' of using AP, which is what I answered. If she can't even get the AP to start with then the rest is rather moot. I'm afraid I know nothing about F-1 visas, so I can't answer that question.

That’s her question. My sister is on F1 visa status and needs to return to Iran to visit our parent (medical emergency)…… Our only chance is to apply for Advanced Parole (AP)……

Do you understand it now? She is on F-1 and wants to apply for AP. Can she do that? We do not know the other info but from her question only.

 

[homer simpson]

My suggestion:

Go to the USCIS office and talk to the officer to check whether F1 visas are eligible for AP.

If they allow AP's for F-1 visa, then you should get a letter from a doctor from your home country stating that it's an emergency and your sister is needed in your country. Fill out AP application and also a supplemtal application concerning emergency. You should be able to get them online or at the USCIS office.

Beware that not many applications are cleared even if you prove a legitimate emergency. It's left to the discretion of the USCIS officer. It's really stupid!

USCIS also needs a proof of relationship of your sister and the person who is mentioned in the doctor's letter. Birth certificate copy is needed if the ill is one of your parents.

If USCIS don't provide AP to F1 visa holders, then you can leave the country and reapply for a F1Visa since you already have a valid I20. Anyways its summer here in the US and your sister won't lose any classes.

Good luck

 

[akatu]

If your sister obtained F1 from Iran embassy she is free to go forth and back until her visa is valid ( I-20). If she switched from other non immmigrant status to F1 she has to go to US embassy in Iran to obtain visa stamp which might be difficult: depending on many things.