For green card candidates residing in the US and individuals with Deferred Action for Childhood Arrivals (DACA) status, Advance Parole is a welcome requirement. Using this travel paper, you can exit the US while in DACA status or while USCIS processes your permanent residence application. Advance parole offers an opportunity to visit ailing family, study overseas, attends conference and meetings overseas, and meet up with old friends. However, a lot of times, the United States administration does not permit individuals with accurate Advance Parole papers to re-enter the US. This article clarifies some motives why the United States administration would deny allowing you to return to the nation even when using Advanced Parole and most things you can do if you discover yourself in these conditions as a change of status candidate or a DACA recipient.
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Why You Are Denied Access into the United States With Advanced Parole
USCIS can reject your entry into the US with Advance Parole for many reasons. The Advance Parole application described as Form I-131, Application for Travel Document, does not assure your re-entry. After paying the filing fees and the United States Citizenship for Immigration Service accepts your application, your document will serve as a re-entry permit that allows you to travel to the United States port of entry. You must obtain the physical papers before you take the journey overseas. Ensure to review the processing time at your local United States Citizenship And Immigration Service office to ensure you can obtain acceptance before your journey date.
At the time of your coming back, officials from United States Customs and Border Protection, which is a unit of the United States Department of Homeland Security, will determine if you can come into the nation at the port of entry. Border patrol officials or CBP officials work constraints over whether you can come back to the US. Even if you possess all the valid records, officials could still reject you.
You can be refused re-entry if the United States Citizenship and Immigration Service rejected your change of status application while you were overseas on Advance Parole without a waiting request; you forfeit your Advance Parole travel status as there is no more ground for your re-entry. United States Citizenship and Immigration Services may have rejected your request since you did not fill out all the application stages while overseas. For instance, you may have neglected United States Citizenship and Immigration Service mail at your International address and did not act on their application for an interview or meeting.
What To Do if You Are Refused Entry into the United States With Advance Parole
If the United States Citizenship and Immigration Service refuses your access into the US with advance parole, you still require the choices to seek. The choices obtainable to you are based on your immigrant visa request and your DACA status.
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Change of Status Candidate With Advance Parole
If your advance parole terminates due to USCIS refusing your change of status request, you can make an application for a new visa. You can obtain a tourist visa if you are only visiting or can reapply for a green card; as far as the motives United States Citizenship and Immigration Services refused your application, it is not because you were not eligible for a green card. For instance, United States Citizenship and Immigration Services may have denied your request since you did not offer sufficient supporting proof or did not answer the applications roof they forwarded you. In such a situation, under Immigration law, it is feasible to make an application again for the same immigration status. This can be done from your home nation via your local United States embassy or by change of status if you are eligible.
Deferred Action for Childhood Arrivals (DACA) Recipient With Advance Parole
If you are a DACA recipient stranded overseas, you may be unable to re-enter the US for a particular duration. This is because you would have spent some time in the US without legal immigration status before obtaining DACA. This is described as an illegal presence. For instance, staying above the duration of your visa as an individual in nonimmigrant status would lead to unlawful presence. There are effects for this act; based on the period of your legal presence, you can undergo a three-year or 10-year restriction from re-entering the US. United States Citizenship and Immigration Service can even totally restrict you from returning.
Being a DACA recipient using Advance Parole, you may be required to wait out your re-entry restriction if border patrol officers do not permit you to enter the US. You will be able to make an application for a tourist visa to go into the nation after you have waited out your re-entry visa.
Consult an Attorney
Finally, the most appropriate thing to do in any situation is to reach out to an immigration attorney, mostly one with skills in deportation situations, disposal of deportation situations, and removal proceedings. If you are facing a re-entry restriction, they could assist you in filing a waiver of unacceptability for your illegal presence. A waiver of unacceptability is an amnesty from the United States administration for your illegal presence. To make an application for a waiver, you may be required to explain your presence by offering humanitarian motives or justifying the ways you provide significant public advantages or other immigration benefits.
For instance, you may be required to ascertain whether a family member who is a United States national or legal permanent resident will undergo severe hardship and become autonomous in the administration if you are to undergo your re-entry bar. If the United States administration endorses your waiver request, you can make an application for a United States visa to go back into the nation once again.
