bharatdeshi
Registered Users (C)
I will be traveling soon. Do I need to apply for advance parole to re enter US. I have a refugee travel document...that i will be using for my travel. Pls reply. Thank you all.
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Is Advance Parole required
- Thread starter bharatdeshi
- Start date
Advance Parole
Gilbert, I was on vacation just two months ago. It took me 6 months to get my RTD. After that I got my advance parole from local office in about 2 weeks. Are you saying that we, asylees, do not need advance parole? I was told I had to have one. But listen to my story. When I left US, nobody asked me to show any documents. I just showed my RTD and they let me on the plane (of course after big security check, but no additional INS documentation – strange, usually they ask for I-94 … anyway). I had my advance parole, but they did not need it at that time. When I came back, I showed RTD and INS officer almost stamped my document when I showed her my advance parole, like I should have. She said what is this? And I was stunned. What kind of question is that from INS officer?? Anyway, for that reason I had to go to special room, but finally they stamped my RTD and I was on my way. So really, question is do we really need advance parole? I would say it doesn’t hurt to have it. Bharatdeshi if you are not asylee do not worry about it, but if you are, I would suggest you get it, just in case. Don’t let INS officer on the port to decide what do to. Most of the time they don’t even know, which was surprising for me. This was my experience so far. I traveled 2 times so far since I had my asylum, and it was always the same. They did not know what advance parole was, and I had to go to `special` room for further checks. I hope this helps.
Gilbert, I tried to send you an email with my old nick, but no luck.
Gilbert, I was on vacation just two months ago. It took me 6 months to get my RTD. After that I got my advance parole from local office in about 2 weeks. Are you saying that we, asylees, do not need advance parole? I was told I had to have one. But listen to my story. When I left US, nobody asked me to show any documents. I just showed my RTD and they let me on the plane (of course after big security check, but no additional INS documentation – strange, usually they ask for I-94 … anyway). I had my advance parole, but they did not need it at that time. When I came back, I showed RTD and INS officer almost stamped my document when I showed her my advance parole, like I should have. She said what is this? And I was stunned. What kind of question is that from INS officer?? Anyway, for that reason I had to go to special room, but finally they stamped my RTD and I was on my way. So really, question is do we really need advance parole? I would say it doesn’t hurt to have it. Bharatdeshi if you are not asylee do not worry about it, but if you are, I would suggest you get it, just in case. Don’t let INS officer on the port to decide what do to. Most of the time they don’t even know, which was surprising for me. This was my experience so far. I traveled 2 times so far since I had my asylum, and it was always the same. They did not know what advance parole was, and I had to go to `special` room for further checks. I hope this helps.
Gilbert, I tried to send you an email with my old nick, but no luck.
I have only travelled to Canada few times since my Asylum was approved. During my travel I have shown my RTD when entring Canada and RTD with Canadian Visa, when coming back to US. I do agree that different border officers have varying skills.
No one has ever asked for an ADVANCED PAROLE. This has been my experience.
No one has ever asked for an ADVANCED PAROLE. This has been my experience.
When a Refugee or Asylee May Need an Advanced Parole Document
Q: "Why do some refugees and asylees rely on an advance parole document instead of a refugee travel document to return to the United States?"
A: There are two main reasons for this. As we mentioned in the above answer, the refugee or asylee may have a green card application pending under Section 245 of the Immigration and Nationality Act. This would include applications based on a marriage to a U.S. citizen. Or the refugee or asylee may already be aware before departure that he/she will be considered inadmissible when trying to reenter the U.S. later on. An advance parole document allows the refugee or asylee to be paroled into the United States without regard to his or her admissibility. Admissibility will be determined at some later time.
One applies for advance parole with form I-131, the same application used for refugee travel documents and reentry permits.
http://www.hias.org/Immigration/Answers/travel.html
Q: "Why do some refugees and asylees rely on an advance parole document instead of a refugee travel document to return to the United States?"
A: There are two main reasons for this. As we mentioned in the above answer, the refugee or asylee may have a green card application pending under Section 245 of the Immigration and Nationality Act. This would include applications based on a marriage to a U.S. citizen. Or the refugee or asylee may already be aware before departure that he/she will be considered inadmissible when trying to reenter the U.S. later on. An advance parole document allows the refugee or asylee to be paroled into the United States without regard to his or her admissibility. Admissibility will be determined at some later time.
One applies for advance parole with form I-131, the same application used for refugee travel documents and reentry permits.
http://www.hias.org/Immigration/Answers/travel.html
nofreedom
Strictly speaking, an asylee who uses an advance parole to reenter the US is no longer an asylee. He or she is a parolee from that point on. Until adjustment is granted, this parolee must apply for an EAD every year as a parolee. He loses eligibility for most benefits that asylees get. Again, per INS general counsel, the use of AP documents invalidates previous status.
Strictly speaking, an asylee who uses an advance parole to reenter the US is no longer an asylee. He or she is a parolee from that point on. Until adjustment is granted, this parolee must apply for an EAD every year as a parolee. He loses eligibility for most benefits that asylees get. Again, per INS general counsel, the use of AP documents invalidates previous status.
Gilbert
That is very interesting Gilbert, thank you. Maybe I have a screwed up layer man. What should I do now? Any suggestions? However, on my RTD it is specified that I was admitted to US under previous status: Adjusting to permanent residence. It did not say anything else. Should I be concerned at this point and pursue this matter more or just ignore it? What are the benefits that I might be concern about?
That is very interesting Gilbert, thank you. Maybe I have a screwed up layer man. What should I do now? Any suggestions? However, on my RTD it is specified that I was admitted to US under previous status: Adjusting to permanent residence. It did not say anything else. Should I be concerned at this point and pursue this matter more or just ignore it? What are the benefits that I might be concern about?
Another reason not to get Advance Parole while you have an asylee Status ...
This can also be viewed at
http://www.usvisanews.com/memo1875.html
===
According to a recent posting on the web-site for the American Immigration Lawyers Assocaition (AILA), the days of the "indefinite" parole entry following travel during pending adjustment of status are over. Previously, persons who entered the U.S. using advance parole would be issued an uncapped period of authorized stay, identifying them as "paroled indefinitely."
Now, however, the INS has advised AILA that it has discontinued this practice. Instead, persons who enter the U.S. using advance parole will be admitted for a one-year period of stay only. We await further information from the INS to be better able to determine the implications of this recent change
2nd posting on the same topic is :
On October 7th we posted a short statement regarding the INS policy recently shared with the American Immigration Lawyers Association (AILA) that the period of authorized stay issued to individuals who enter the U.S. using advance parole will be limited to one-year. The INS has not yet offered guidance to further detail resulting questions, however we hope that some guidance will be published shortly.
Nonetheless, the IMMEDIATE and SIGNIFICANT effect of this INS policy is the limitation of a previously relied upon premise that an adjustee will have his/her lawful stay preserved throughout the pendency of his/her I-485. We remind clients and readers once again that lawful stay is directly linked to possession of a valid I-94 card or, in some circumstances, a pending application/petition filed before the applicant/beneficiary's prior I-94 card expired. However, based on the newly announced INS policy on use of advance parole, the issuance of an I-94 card WITH AN EXPIRATION DATE will determine the period of authorized stay regardless of the ongoing pendency of an I-485.
This can also be viewed at
http://www.usvisanews.com/memo1875.html
===
According to a recent posting on the web-site for the American Immigration Lawyers Assocaition (AILA), the days of the "indefinite" parole entry following travel during pending adjustment of status are over. Previously, persons who entered the U.S. using advance parole would be issued an uncapped period of authorized stay, identifying them as "paroled indefinitely."
Now, however, the INS has advised AILA that it has discontinued this practice. Instead, persons who enter the U.S. using advance parole will be admitted for a one-year period of stay only. We await further information from the INS to be better able to determine the implications of this recent change
2nd posting on the same topic is :
On October 7th we posted a short statement regarding the INS policy recently shared with the American Immigration Lawyers Association (AILA) that the period of authorized stay issued to individuals who enter the U.S. using advance parole will be limited to one-year. The INS has not yet offered guidance to further detail resulting questions, however we hope that some guidance will be published shortly.
Nonetheless, the IMMEDIATE and SIGNIFICANT effect of this INS policy is the limitation of a previously relied upon premise that an adjustee will have his/her lawful stay preserved throughout the pendency of his/her I-485. We remind clients and readers once again that lawful stay is directly linked to possession of a valid I-94 card or, in some circumstances, a pending application/petition filed before the applicant/beneficiary's prior I-94 card expired. However, based on the newly announced INS policy on use of advance parole, the issuance of an I-94 card WITH AN EXPIRATION DATE will determine the period of authorized stay regardless of the ongoing pendency of an I-485.
bharatdeshi
Registered Users (C)
Thank you
I will not apply for the AP. I will just use the RTD.
Thank you again to everyone on this forum.
I will not apply for the AP. I will just use the RTD.
Thank you again to everyone on this forum.
bharatdeshi
Registered Users (C)
Do they take I 94
I had one more query...about I 94..Do the INS officers take it when we exit...my i94 is valid indefinitely...with a stamp of the same.
I had one more query...about I 94..Do the INS officers take it when we exit...my i94 is valid indefinitely...with a stamp of the same.
Bharatdeshi,
Please check the thread with title "I-94" in this same forum. I did bring up the same topic and people shared their experience in this matter.
http://www.immigrationportal.com/showthread.php?s=&threadid=62532
Please check the thread with title "I-94" in this same forum. I did bring up the same topic and people shared their experience in this matter.
http://www.immigrationportal.com/showthread.php?s=&threadid=62532
Gilbert ,
I gathered from your earlier response that if someone is waiting to be adjusted for an I-485 based on asylum. The person can also apply for adjustment in some other category if the circumstances change. Such as person gets married and applies through a spouse etc. Is this correct ?
If it is, can an employment based application be made for adjustment of the status also? If yes then I will ask you more questions.
Personally I applied I-485 in Mar 99 , so hopefully in couple of years their should be a light at the end of the tunnel. My brother will be eligible to apply for I-485 in Jan 2003. He will have to wait for almost 12-13 years under current regulations. If there is an alternate route it may help the people who are getting in the que now to pursue alternate methods also.
Your assistance will be appreciated as always.
I gathered from your earlier response that if someone is waiting to be adjusted for an I-485 based on asylum. The person can also apply for adjustment in some other category if the circumstances change. Such as person gets married and applies through a spouse etc. Is this correct ?
If it is, can an employment based application be made for adjustment of the status also? If yes then I will ask you more questions.
Personally I applied I-485 in Mar 99 , so hopefully in couple of years their should be a light at the end of the tunnel. My brother will be eligible to apply for I-485 in Jan 2003. He will have to wait for almost 12-13 years under current regulations. If there is an alternate route it may help the people who are getting in the que now to pursue alternate methods also.
Your assistance will be appreciated as always.
My understanding is that an asylee can apply for a green card via any avenue for which he or she is eligible. I know people who are pursuing other means of getting permanent residence.
Originally posted by RAsylee
Gilbert ,
I gathered from your earlier response that if someone is waiting to be adjusted for an I-485 based on asylum. The person can also apply for adjustment in some other category if the circumstances change. Such as person gets married and applies through a spouse etc. Is this correct ?
If it is, can an employment based application be made for adjustment of the status also? If yes then I will ask you more questions.
Personally I applied I-485 in Mar 99 , so hopefully in couple of years their should be a light at the end of the tunnel. My brother will be eligible to apply for I-485 in Jan 2003. He will have to wait for almost 12-13 years under current regulations. If there is an alternate route it may help the people who are getting in the que now to pursue alternate methods also.
Your assistance will be appreciated as always.
Gilbert,
Thanks for your response. Would you please elaborate a little more on this. The people that you know who are pursuing other avenues to green card, has anyone been successful in obtaining green card by some different eligibility?
What other avenue are possible ? For e.g. can a company file for green card for its employee if the employee currently holds an asylee status. I thought company can only apply for your permanent residence if the employee holds a valid H-1 visa.
Any more assistance or to the links regarding this topic will be appreciated. I can provide you with my E-mail address if you want to take this discussion off line.
I have found your coaching and information provided in this forum priceless.
Thanks for your response. Would you please elaborate a little more on this. The people that you know who are pursuing other avenues to green card, has anyone been successful in obtaining green card by some different eligibility?
What other avenue are possible ? For e.g. can a company file for green card for its employee if the employee currently holds an asylee status. I thought company can only apply for your permanent residence if the employee holds a valid H-1 visa.
Any more assistance or to the links regarding this topic will be appreciated. I can provide you with my E-mail address if you want to take this discussion off line.
I have found your coaching and information provided in this forum priceless.