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redgreen
02-25-2010, 02:42 PM
Has anybody used AP to re-enter while being unemployed?
Is it safe to travel when not working? Status is I-485 filed and was using EAD.
Please describe your experiences, suggestions,.....

redgreen
02-25-2010, 10:02 PM
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MCQ
02-25-2010, 11:15 PM
Redgreen,
I found myself in a position of wanting to use AP while unemployed, several years ago in 2003 (my grandmother had died - the week after I had been laid off from my job).

I asked my lawyer at the time whether she thought it was safe to go back and she counseled me against it as if I was asked any questions about employment - I couldn't answer truthfully and would have been caught out eventually when it came to adudication thus jeapordising my GC application.
I did not go back or use AP based on my conversation with my lawyer.

I had been through immigration the month before using AP (while still employed) and had been heavily questioned in secondary inspection (over 2 hours waiting and questioning) so I was very wary about attempting to use AP while unemployed in the first place.

Hope that helps you in making this difficult decision.

McQ

punjabi
02-26-2010, 12:37 AM
Hi,

I recently travelled outside The United States for a period of 3 weeks. Prior to leaving, my attorney told me that they can't deny you entry even if you are not working as you will be using Advance Parole.

At the port of entry, the immigration officer did not even ask me my employer's name and anything related to my employment. He took a look at the Advance Parole document, verified it, made a copy and let me go.

Of course, it can vary from Officer to Officer, but I thought I should share my 2 cents. Always consult a good attorney before leaving if you are in doubt.

Good luck!



Has anybody used AP to re-enter while being unemployed?
Is it safe to travel when not working? Status is I-485 filed and was using EAD.
Please describe your experiences, suggestions,.....

roseball
02-26-2010, 01:39 AM
Hi,

I recently travelled outside The United States for a period of 3 weeks. Prior to leaving, my attorney told me that they can't deny you entry even if you are not working as you will be using Advance Parole.

At the port of entry, the immigration officer did not even ask me my employer's name and anything related to my employment. He took a look at the Advance Parole document, verified it, made a copy and let me go.

Of course, it can vary from Officer to Officer, but I thought I should share my 2 cents. Always consult a good attorney before leaving if you are in doubt.

Good luck!

In my view, whether you consult a good attorney or not, in such situations, there is always some risk involved and scenarios vary from person to person. The question you should ask yourselves is whether you are willing to risk your trip considering the worst case scenario and act accordingly. In my opinion, under current circumstances, unless the travel is absolutely necessary, I wouldn't travel on AP while being unemployed.

sk2010
02-26-2010, 09:31 AM
In the current scenario ,it would be risky. I have read that it wasn't only people entering on H1B who were grilled at POE. Even with AP, they were taken for secondary inspection and asked questions. But then , it wasn't for everyone and also nobody was sent back while on AP as far I know. You never know what will happen in your case. So unless you are willing to take a risk , it's better not to travel unemployed. I think the problems at POE for people with AP was because the IO officers understood the AP rules differently (or maybe didn't know the rules properly) and after hours of arguing and waiting the supervisors (who knew the AP rules) just let them in. I think I read this on murthyforum.Try searching in there for older posts. Just my 2 cents. I am travelling shortly on AP , so was following forums for other people's experiences this year..