I don't have green card yet but I have advance parole and H1.So,what do u think,if I go to Nepal and while coming back do I use my H1 and get visa and come back here or use my advance parole and come here? If I use my advance parole,then I don't have to get visa.Anybody who has used advance parole to enter US before?Any suggestions?

bideshiji,

We went to Nepal last year with our advanced parole and we did not have any trouble coming back with it. It saves you thr hassel of getting the visa back home.
I would definitely use Advanced parole!

Hope this helps.
sbj

Thankyou sbj.Even I am thinking of using advanced parole except that i'm wondering what if they gave me problems? I think H1 is lot safer!But Advanced parole is easier!!

A valid advanced parole is safe and easy. I would go with advanced parole, if I were you. But the decision is yours.

Thanx guys!

Bideshiji,

Depending on your circumstances I would strongly advise against using advanced parole. The perils of using it are plenty and probably substantial if the adjustment of status or some other legalization application you have pending are suddenly denied; you may not be eligible for some relief which would be then available to you if you hadn't used it. Another words, using advanced parole forfeits your rights and in pure technical legal terms gives you the same right as an alien who is put into exclusion proceedings for trying to get in through a checkpoint at JFK airport in NY without proper documentation; the alien's rights in this case would be close to nil. I am not trying to scare you here, but you had better done some serious thinking before using it otherwise you are in for some legal battle if something does go wrong with your pending application.

I would play it risk-averse in your case and get your passport stamped with H1.

Cheers,
-JavaBeans


[Note: I am not an attorney; please use your due diligence when reading mine or any other poster's advice in this or any other forum]

Bideshi,

I was in Nepal recently for Dashain and had taken an advanced parole travel document I-131. I had no problem with it to enter the US. ( LAX Immigration/Customs)

The officer at LAX just asked for my social security number and my mother's maiden name. Upon verifying it, he just stamped my travel document and sent me off to collect my baggage.

The issue here certainly is not about being able to re-enter; both of the options available to Bideshi will suffice in terms of convincing the customs officer. But, the real issue is what happens after he/she steps back into the American soil? What are the consequences of taking out an advanced parole vs using a H1 visa to re-enter? They are NOT the same. You would be surprised of the legal wrangling some advanced parolees are in. I suggest you do some research or contact your attorney in order to make sure that you won't be hooked in case your adjustment of status or legalization documents falter when you get back.

For your reference, the site below summarizes some of the pitfalls...

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"While advanced parole is a convenience for those who qualify, it is not always a harmless process. There are some dangers inherent to those applicants who get advanced parole. If the applicant was unlawfully in the United States for 180 days or more before filing the adjustment of status application, the applicant will be subject to the three (3) year bar upon returning to the U.S. If the applicant was unlawfully in the United States for 1 year before filing the adjustment of status application, the applicant will be subject to the ten (10) year bar upon his or her return."

"If the pending application (i.e. the adjustment of status application) is denied, the applicant may be placed in removal proceedings. At that point, the applicant will be considered an arriving alien. As an arriving alien, the applicant is not eligible for voluntary departure, for adjustment of status from the Immigration Judge, for change of status or for most other forms of relief. "

Source:
http://www.rreeves.com/pub_209.htm

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Just because you are given a document that gives you a right to re-enter freely at LAX does not necessarily mean you can escape its legal implications. You are bound to it and will be used if your adjustment of status goes south. Falling in the cracks of immigration laws are very hard to swallow, mind you. So, such improprieties- suggestion without knowing its ramifications are a waste of time if you ask me.

Cheers,
-JavaBeans

I am always legal here.Never cheated on anything and as far as I know never done anything wrong.So ,in that case also,will it be a problem for me to enter here with advanced parol?I was/am thinking of using my advanced parol but still I've some doubts!Khai k garnu k garnu?

Bji,

If you are confused why don't you talk to your lawyer? We also talked with our lawyer and he advised us to use Advanced Parole.
As each case is differentit is better to talk to your lawyer.

sbj

Yup,I'll do that.Thankyou

Hera saathi,

Yettika barsha ta parkhiyau, aba alikata aru parkha, green card paaye pachi jatti man lagyo tyetti Nepal ma basey huncha. Bekaar ma kina risk linchau? Haatti chiryo pucchar adkyo hola hai.

Hoina ra?

U mean they won't let me come here.But I've H1 too.I have to go to Nepal .Oh God,don't make me more confused!
But why will they stop me?Have u heard anyone being stopped when they are in h1 or when they have advanced parole?

Talk to you lawyer.