Notice to appear before Immigration Judge for traveling on expired advance parole

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NKTravel

New Member
I mistook my paroled until stamp at the bottom of AP travel permit and entered USA after the actual expiry of AP.

They forwarded for secondary inspection, then deferred inspection at CBP site. At the deferred inspection appointment, they gave a Notice to Appear before immigration judge.
Is this usual? What are the chances for removal and deportation proceedings even I present them with a renewed AP or even a visa approval to prove that I am legal during the court hearing?

Note: I have applied for AP renewal and the renewal letter should come before the court date as the date is set almost an year later.
 
Are you the same person who posted this question? If you tried to enter the US without a valid visa or valid AP, then they are right to deny you entry and remove you. Depending on your category, you might be able to file a new I-485 as a defense against removal. I don't think AP would be renewed because the I-485 it is based on has been abandoned.
 
NKTravel said:
I mistook my paroled until stamp at the bottom of AP travel permit and entered USA after the actual expiry of AP.

They forwarded for secondary inspection, then deferred inspection at CBP site. At the deferred inspection appointment, they gave a Notice to Appear before immigration judge.
Is this usual? What are the chances for removal and deportation proceedings even I present them with a renewed AP or even a visa approval to prove that I am legal during the court hearing?

Note: I have applied for AP renewal and the renewal letter should come before the court date as the date is set almost an year later. find out more at https://www.allworld.com/
Click to expand...
It’s concerning that you entered the U.S. after your Advance Parole (AP) expired, leading to a Notice to Appear before an immigration judge. While this situation is serious, your chances of avoiding removal or deportation could improve if you present a renewed AP or a valid visa at your court hearing.

However, this is not guaranteed. It’s crucial to consult with an immigration attorney immediately. They can help you prepare your case and navigate the complexities of immigration law, potentially increasing your chances of a favorable outcome.
 
@newacct
Thanks for the response. No, that thread was not posted by me.

I checked my i485 status at USCIS website, it does not say abandoned. It's been 2 months since I landed in the US and current status says "Fingerprint Fee received" and that California service center is working on the case. Would the status remain the same even if the 485 petition is abandoned?

Any idea how to know the petition is really abandoned?
 
@controlsauce
Thanks a ton for the response. Sure, tried to contact some of the Pro Bono contacts that CBP office gave without any luck. I am going to contact another private attorney.
 
NKTravel said:
@newacct
Thanks for the response. No, that thread was not posted by me.

I checked my i485 status at USCIS website, it does not say abandoned. It's been 2 months since I landed in the US and current status says "Fingerprint Fee received" and that California service center is working on the case. Would the status remain the same even if the 485 petition is abandoned?

Any idea how to know the petition is really abandoned?
Click to expand...
8 CFR 245.2(a)(4)(ii)(A) through (D) says that if you leave the US while I-485 is pending, it is automatically abandoned, unless you are granted Advance Parole prior to leaving, and you are paroled back on that Advance Parole, or you had maintained H1b/H4/L1/L2/K3/K4/V status just before leaving, and you return on the same type of visa. Since neither of those applied to you, your I-485 is abandoned, even if USCIS doesn't know about it yet.
 
NKTravel said:
I mistook my paroled until stamp at the bottom of AP travel permit and entered USA after the actual expiry of AP.

They forwarded for secondary inspection, then deferred inspection at CBP site. At the deferred inspection appointment, they gave a Notice to Appear before immigration judge.
Is this usual? What are the chances for removal and deportation proceedings even I present them with a renewed AP or even a visa approval to prove that I am legal during the court hearing?

Note: I have applied for AP renewal and the renewal letter should come before the court date as the date is set almost an year later.
Click to expand...
It’s essential to reach out to an immigration attorney as soon as possible. They can assist you in preparing your case and guide you through the complexities of immigration law, which may enhance your chances of achieving a positive outcome.
 
I dont think he ll be removed since he was able to get in usa. But as a precaution, get a lawyer to prepare your argument.
Keep us posted !
 
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