books12345
Registered Users (C)
How safe is it to return back on Advance Parole? Anyone had any issues in past (even if you know someone or have heard about someone who had any problems getting back using Advance Parole)?
How safe is it to return back on Advance Parole?
- Thread starter books12345
- Start date
pretty safe
just take your 485 receipt and other immigration docs with you. The most you will be delayed is by 1 hour...at the immigration counter. It's safe, that's why u paid for it. I have read plenty posts here..and every1 has come back fine and dandy. good luck !
just take your 485 receipt and other immigration docs with you. The most you will be delayed is by 1 hour...at the immigration counter. It's safe, that's why u paid for it. I have read plenty posts here..and every1 has come back fine and dandy. good luck !
Triple Citizen
Registered Users (C)
As long as the applicant's claim to the AOS category has not changed and there was no prolonged duration while being out of status, a return on AP is safe.
books12345
Registered Users (C)
Thanks you guys for all your help and support.
Al Southner
Registered Users (C)
Not Safe At All...
Book 54321,
It is not safe to return at all, except when you have all the relevant documentation to establish the basis for your advance parole....
So, if you don't have your documents, then it is not safe to return. However, when you have all your paper work, then you can come back riding on the back of a camel, dragging Osama Bin Laden with you... they are going to welcome you back and give you a pink medal... Valor for capturing an infidel...
Book 54321,
It is not safe to return at all, except when you have all the relevant documentation to establish the basis for your advance parole....
So, if you don't have your documents, then it is not safe to return. However, when you have all your paper work, then you can come back riding on the back of a camel, dragging Osama Bin Laden with you...
they are going to welcome you back and give you a pink medal... Valor for capturing an infidel...PraetorianXI
Banned
Also, it is not safe if you ever overstayed or were out of status for 180 days or more... that will trigger a 3 year ban for you.
books12345
Registered Users (C)
Thanks guys for all the valuable information you have provided.
I have all the required documents including copy of pending I-485 and have never been out-of-status (not even a single day).
Thanks once again.
I have all the required documents including copy of pending I-485 and have never been out-of-status (not even a single day).
Thanks once again.
TheRealCanadian
Volunteer Moderator
Being out of status does not trigger the 3/10 year bars; illegal presence does. The two are different.
PraetorianXI
Banned
So if USCIS notifies you that you are out of status, you do not start accruing illegal presence?
TheRealCanadian
Volunteer Moderator
Yes. The only time I've seen that happen is if USCIS denied a COS/EOS request.
PraetorianXI
Banned
I'm confused... can I get that clarified again.
Based on the above quote - if you are NOT notified by USCIS that you are out of status - then you ARE accuring illegal presence.
Is that right? That means that you cannot accrue illegal presense after you've been told you're out of status - that doesn't make sense to me.
Or is it that..... UNTIL you are notified by USCIS that you are out of status, you are not accuring illegal presence.
PraetorianXI
Banned
I should have phrased my question better... sorry, I guess the conclusion would be.
Until you are notified by USCIS that you are out of status, you do not accrue illegal presence. UNLESS, you already have an expiration date for that status, such as an I-94 with a date on it.
Until you are notified by USCIS that you are out of status, you do not accrue illegal presence. UNLESS, you already have an expiration date for that status, such as an I-94 with a date on it.
TheRealCanadian
Volunteer Moderator
You have it backwards.
That's correct. There are generally three ways to accrue illegal presence:
1) Enter the US illegally.
2) Overstay an I-94.
3) Be told by USCIS that you are out of status.
PraetorianXI
Banned
Safe to say, that a person does not accrue illegal presence until he/she turns 18, right?
austriacus
Registered Users (C)
So let's say someone is on F-1 and their I-94 is issued for D/S ... if USCIS doesn't notify you that you're out of status, you wouldn't accrue illegal presence? Or is it retroactive if USCIS said you were out of status starting from this date, therefore overstayed the date on I-94? Or is SEVIS so quick to notify you that it doesn't make a difference?
Or, someone who got their H-1B stops working let's say after a year and has 2 years left on the I-94. If USCIS never notifies the person, they would only accrue illegal presense after 2 1/2 years?
Or, someone who got their H-1B stops working let's say after a year and has 2 years left on the I-94. If USCIS never notifies the person, they would only accrue illegal presense after 2 1/2 years?
TheRealCanadian
Volunteer Moderator
That's correct. And if you are inspected but are not issued an I-94, you never accrue illegal presence.
It would be retroactive to the date USCIS issued the notice.
Yup.
books12345
Registered Users (C)
What questions/check I can expect from the immigration officer at the port of entry (returning back on Advance Parole, never been out-of-status)? Anyone who has traveled on AP, please list your experience.....
What all documents should I be carrying along with me in addition to Advance Parole and AOS notices?
What all documents should I be carrying along with me in addition to Advance Parole and AOS notices?
PraetorianXI
Banned
Nothing out of the ordinary, I traveled on a AP, you can expect to be sent to Secondary Inspection though, which will delay you for about 1 hour.