Understanding Advance Parole Reentry Denials and Options
U.S. Citizenship and Immigration Services (USCIS) can deny entry to the United States with Advance Parole for various reasons. Here's what you need to know:
Key Points:
1. Advance Parole approval doesn't guarantee reentry
2. U.S. Customs and Border Protection (CBP) officers make final entry decisions
3. Denial of adjustment of status while abroad can lead to reentry denial
Reasons for Reentry Denial:
- Denied adjustment of status application
- Missed USCIS correspondence or appointments while abroad
- CBP officer discretion
Options After Reentry Denial:
For Adjustment of Status Applicants:
1. Apply for a new visa (e.g., tourist visa)
2. Reapply for a green card if still eligible
3. Apply from home country through U.S. embassy or adjustment of status
For DACA Recipients:
1. May face reentry bars (3-year, 10-year, or permanent) due to prior unlawful presence
2. Wait out reentry bar before applying for a tourist visa
3. Consider filing a waiver of inadmissibility
Seeking Legal Help:
- Consult an immigration lawyer, especially one experienced with deportation cases
- Explore options for filing a waiver of inadmissibility
- Provide humanitarian reasons or prove extreme hardship to U.S. citizen/LPR family members
Important Notes:
- Check USCIS processing times before planning travel
- Obtain physical Advance Parole document before departing
- Respond promptly to any USCIS correspondence while abroad
For more information on Advance Parole, visit: https://www.uscis.gov/i-131
To learn about inadmissibility and waivers, visit: https://www.uscis.gov/humanitarian/immigration-relief-for-vulnerable-populations
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice specific to your situation.
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