Very scary but informative experience about using yr AP for re-entry

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gcwait000

Registered Users (C)
Important - Very scary but informative experience about using yr AP for re-entry

Well all I can say is that I am one hell of a lucky person. Here goes my story and this should be a lesson for everyone who is using AP to travel outside this country......

I went to India last year in March and used my AP (even though I had a valid H1-b but did not work for that company anymore) to reenter at Newark. EVerything went well, my AP was expiring in Oct'02 but when IIO stamped it he xtended it or should i say that the stamp said "Parolled until March'03". This feb I took a 2week vacation and packed my bags again to visit my family in India. I called my lawyer in Dec and asked him if I need to re-apply for my AP and also advised him of the stamp on my AP. He said he does not see a problem and I could re-use the same AP if I was coming back before March. So merrily I left for India had a great time and was really upset to leave my folks on my way back. Reached the IIO at the airport and as usual he put my paperwork in a black folder and asked me to go to a specific room where my paperwork will be processed. I reached the designated area handed my papers and was asked to wait. I was waiting very patiently and 10 mins later IIO called my name and I went up to him.
IIO - Mr. xxx your AP has expired and we can't admit you on this AP.

Myself - Cold turkey......my heart sank and I thougth I was gonna faint and throw up right there...

He continued...but you are very lucky coz yr H1-b is still valid and we can admit you on that.

I told him that my lawyer had advised me that I could use the AP and also pointed out the stamp to him.

IIO - We do not go by the stamp but by the date underlined on top. We have had cases like this before and we deported these ppl right away. I am sure yr lawyer charges you a lot of money so u better sort this matter with him. Please be seated and I will process yr paperwork.

Myself - I sat down my heart still in my throat and a thousand things racing through my mind. Even I did not know that my visa was still valid, to my knowledge it had expired sometime last year. I was sure that he looked at the wrong date and he was going to call me back tell me that I will be sent back.

5mins later he calls my name again....

IIO - Mr.. you procssing is now complete and here is yr passport. You are being admitted on your H1-B, do talk to yr lawyer and reapply for a AP if you are travelling outside the country again.

I left the room, collected my luggage and left the airport as soon as I could. I opened my passport and sure enough my visa was valid until dec'03. I left this company two years ago but luckily they had not cancelled my H1.
My RD date is 08/17 and I was issued a RFE in july which INS rcvd on 08/20 and I have been waiting since.
My first AP experience was a breeze and second one turned out to be the scariest nightmare of my life (with a happy ending though!!!)
 
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nice to know that port authority allows u to enter on H1 B.
During ur first visit in 02 why
they statmped as " This Parolled until March'03 "

I have one question,
My AP is going to expire on 06/06/03.I have now applied for
AP renewal.
I am going to India in 10th may back on 26th May'03
can I use my previous AP with 06/06/03 expiration?
or I have to use my renewed AP at time of entry?
 
gcwait000,

Could you clarify the following?

Was the I-94 card after your first return state "Paroled until 'mm/dd/yyyy' or 'mm/yyyy' " ? If it stated "Paroled until mm/dd/yyyy, did you reneter before that date? "Paroled until" is normally given for a year.

Could you state the grounds of inadmissability on your 2nd reentry on AP?

Thanks.
 
Here is the deal..when you use yr AP for the first time in MArch'02 (in my case March'02) your AP is stamped at the port of entry. The stamp on my passport as well as AP had a parole date of March'03 (one year from the date I entered using AP). However the expiry date printed on top of AP document was Oct'02.

Freenation : You can use yr current AP repeatedly but MAKE SURE the date on top which is underlined is later than yr return

UpState : Yes I re-enterd before the Parolled until date expired..the date was stamped both on my AP and passport as mm/dd/yy. INS officer repeatedly told me..do not go by the stamp date but by the original date which is printed and underlined on the AP when it comes from the service center.

amitgreen : I though so too..once u enter using AP u can no longer use yr H1-b..all I can say abt that is that I got exceptionally lucky.
 
The INS officer was correct

Well.. I think the INS officer was correct.

The date stamped on the I-94 allows you to stay in the country up to that date (even though in an Advance Parole case, you are allowed to stay in the US beyond that date until the INS makes a decision on your I-485 case). This is very similar to any visa. The stamp on your I-94 could exceed the validity of your visa. It's normal.

It is the validity of your Advance Parole that determines whether you will be allowed to enter the country or not. The fact that he stamped your I-94 to March 03 does not mean that the underlying AP was automatically extended to that date. Only a service center or INS local office can issue an AP.

And the previous officer who put the first stamp was also correct, because everyone who is paroled is to be granted 1 year (it used to be 'undefinitely', but it changed after 9/11). In your case, since you entered in March 02, then the stamp was until March 03.

If I were you, I'd complain/fire your lawyer for their lack of this basic knowledge.
 
Re: The INS officer was correct

Originally posted by GC012002
If I were you, I'd complain/fire your lawyer for their lack of this basic knowledge.
Click to expand...

That is what I intend to do once he gets back from his vacation. SOB is making a zillion dollars at our expense!
 
The stamp on your I-94 at the port of entry cannot exceed the validity of your visa, I 94 that comes with renewed H1 has a date till the expiry of visa.

I guess in case of AP the date on I94 does not really matter, once you are admitted you will be in legal status (AOS pending)

Has anyone else had a I94 stamped with a date later than AP/VISA?
 
gcwait000, you are extremely lucky.

From what you stated, your AP expired in Oct 2002 but your I-94 was given until March 2003 (which is normal as they give for 1 yr from the date of reentry). I-94 only dictates the valid stay in the US and its the valid AP/H1 visa that dictates travel/reentry. You didn't follow the proper INS law.

Looks like your lawyer gave you poor advice and it almost cost you! You are extremely lucky and it shows how much each one must do his/her homework before going overseas!

Lucky You!
 
Amitgreen,

Yes - my H1 visa expired in Jul 2002, however the I-94 was dated until Dec 2002 because the H1 petition was valid until Dec 2002.

Same thing as F1. It was only valid for one year, but on the I-94, it was noted as "D/S" (Duration of stay) which referred to the date stated on the I-20.

Upstate_NY is absolutely correct.
 
Originally posted by Upstate_NY
gcwait000, you are extremely lucky.

From what you stated, your AP expired in Oct 2002 but your I-94 was given until March 2003 (which is normal as they give for 1 yr from the date of reentry). I-94 only dictates the valid stay in the US and its the valid AP/H1 visa that dictates travel/reentry. You didn't follow the proper INS law.

Looks like your lawyer gave you poor advice and it almost cost you! You are extremely lucky and it shows how much each one must do his/her homework before going overseas!

Lucky You!
Click to expand...

This was a big lesson for me and should be a lesson to all of us using AP's. I put all my faith in the lwayer who is suppoed to be a specialist in this regard but I almost got burned.
 
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