Please Help travelling in AP - Urgent

[vyassowmi]

Hi

In 2007 when i went to india i got stamping for 3 years. I am in H4 status. when i came back the immigration authorities had stamped my I-94 wrongly till feb 2009 instead of may 2010. In 2007 i applied for 485 - adjustment of status through my husband's green card process. I have been renewing my ead and parole without any problems. On october 2009 only i saw my I-94 that it got expired. when i searched the forum i got an answer that since i applied for my 485 i was not out of status. I travelled to india on Nov 2009 and i now i am planning to come back to join my family back in US.

My question to you is since newark is witnessing all these deportations. I am going to use my parole to enter US? will i have problems entering in a parole? I am a dependent and i am not working anywhere using my EAD. if the CBP officer ask why are you using parole since H4 is still valid do i have to tell him the whole story what happened that technically I-94 has become invalid due to my over stay or what should i say the cbp officer at the port of entry?

Please help i will be flying within another 10 days

Thank you for your help

 

[jk0274]

You are being unnecessarily paranoid. You have a valid AP with you, correct? And you are planning to use the AP for the precise reason it is designed for (entry into the US), correct? So what are you worried about? The officer can ask whatever he/she wants, and you have to answer truthfully. In fact, if your spouse is in H-1B, then you can probably use your H-4 visa to reenter if you wish. But the officer is not going to deny you entry to the US because he/she doesn't like an answer. The US is not a police state or a bureaucratic hell-hole !! If the officer does happen to ask what you are worried about, then you can respond "I prefer AP" or "You can admit me in H-4, that's fine with me" !! You have absolutely no reason to worry.

Furthermore,

1- You fell out of H-1B status after your old I-94 expired, but you were still lawfully present in the US because of your I-485 application. This you already know. So you are not in any trouble. That I-94 is not relevant right now, because now you are reentering the US anew under brand new inspection at the port of entry. Forget about any old I-94s.
2- Because you did not accumulate any days of unlawful presence, and if your spouse is entering in H-1B (assuming your spouse is eligible), then you both can enter on your H visas. There is no problem with doing so. The scary memos everybody is panicking about applies to certain situation but not all H visas. That's crazy. And if you are given trouble because of your H visas, just whip out your APs and ask to be paroled instead (if need be).