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  #1 (permalink)  
Old 02-04-2008, 11:52 AM
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Default AP experience @ SFO

I used AP @ SFO airport this morning. Thought I'd share my experience:
The immigration officer asked me what the purpose of my visit to my home country was and I said vacation. The officer points me to the 'Read this section' on the AP form and says -
Do you understand that AP does not guarantee your entry into the US?
Do you understand that I could send you back home now?
Do you understand that you cannot use AP as and when you wish for vacation, etc. , you can only use it for emergencies like funerals?
He posed these questions and made some weird statements at least 3-4 times to the point where I felt like I was getting a dressing down from my manager.

I just kept nodding in order to avoid a confrontation. Finally, he went on to say - I see a pattern in how you are misusing this privilege, if we find you abusing(?!!) the system like this in the future we will have to deny you entry into the US and/or revoke your AP privilege.

Then he sent me off for secondary screening. At the secondary screening, I had no issues whatsoever. The officer just asked me how long I was out of the country, took a copy of the AP, stamped the other and let me in.

At the secondary screening, I saw a very old Indian couple being harassed by another officer - this guy was teasing them about their daughter's job(in a way that questions her character), etc. Him & his cronies were having a good time, I guess, the couple did not understand what he was doing, they were just paranoid.
This is just harassment - switch the USCIS backdrop for a bar in Tennessee and one could walk away thinking this was a bunch of hillybillies having fun at a strangers expense.

Has anyone experienced anything similar? I travel once a twice a year out of the country and have never seen this before. Is this restricted to SFO? - Just wondering...
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  #2 (permalink)  
Old 02-04-2008, 12:08 PM
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Default Interesting

You have an interesting scenario. I dug up this document from USCIS

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

I have a Q into my lawyer for this since I am curious to know what she feels about this. Anyone else can throw light on this matter?
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  #3 (permalink)  
Old 02-04-2008, 12:25 PM
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Default

I thought I read in the AP approval document that one can travel on AP only during emergencies. I might have to revisit the document.

Can someone shed light on this one?..

Thx
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  #4 (permalink)  
Old 02-04-2008, 12:28 PM
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Default Harassing someone is their Job ??

I dont understand what's going on.

I was also harassed at Boston POE - I had valid H1B stamped outside and valid AP inside my handbag and i did nothing wrong last 8 years apart from working day and night for fortune 100 companies and paying 30% Income taxes, obeying all rules and regulations !! I have never replaced any eligible american from their desk (rather- i see very few eligible around ) because i was mostly highly paid .

Why i should be harassed without any reason ? Come on... Give me a Break!!

Quote:
Originally Posted by kalyan View Post
We misused lot of immigration policies in H1 , EAD or buying Labour's and all other sorts of. There is no reason for us to complain on the USCIS officer doing their job. Mostly we should be well aware of the policies.

We need to understand in depth the immigration policies or atleast seek an attorney advise. Just we have a 90 -110k job or being a doctor earning 300k does'nt mean that we know everything.

The only ones we know are the loop holes , atleast 75% of the immigrants from India either H1's and most of 95% of L1 misuse use immigration policy

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  #5 (permalink)  
Old 02-04-2008, 12:35 PM
NKR NKR is offline
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Default

[
I thought I read in the AP approval document that one can travel on AP only during emergencies. I might have to revisit the document.

Can someone shed light on this one?..

Thx
]

On second thought, the rule was probably made in the good old days when the time difference from AP to GC was not that long and AP helped one to travel during emergencies. Now it is taking years to get GC and so the rule needs to be relaxed a bit...
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  #6 (permalink)  
Old 02-04-2008, 12:45 PM
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Default

Quote:
Originally Posted by duncanidaho View Post
I used AP @ SFO airport this morning. Thought I'd share my experience:
The immigration officer asked me what the purpose of my visit to my home country was and I said vacation. The officer points me to the 'Read this section' on the AP form and says -
Do you understand that AP does not guarantee your entry into the US?
Do you understand that I could send you back home now?
Do you understand that you cannot use AP as and when you wish for vacation, etc. , you can only use it for emergencies like funerals?
He posed these questions and made some weird statements at least 3-4 times to the point where I felt like I was getting a dressing down from my manager.

I just kept nodding in order to avoid a confrontation. Finally, he went on to say - I see a pattern in how you are misusing this privilege, if we find you abusing(?!!) the system like this in the future we will have to deny you entry into the US and/or revoke your AP privilege.

Then he sent me off for secondary screening. At the secondary screening, I had no issues whatsoever. The officer just asked me how long I was out of the country, took a copy of the AP, stamped the other and let me in.

At the secondary screening, I saw a very old Indian couple being harassed by another officer - this guy was teasing them about their daughter's job(in a way that questions her character), etc. Him & his cronies were having a good time, I guess, the couple did not understand what he was doing, they were just paranoid.
This is just harassment - switch the USCIS backdrop for a bar in Tennessee and one could walk away thinking this was a bunch of hillybillies having fun at a strangers expense.

Has anyone experienced anything similar? I travel once a twice a year out of the country and have never seen this before. Is this restricted to SFO? - Just wondering...
If you read the AP app, it should be clear that it is not for people entering the US after vacationing in foreign countries.

It is for emergency travel and the reasons you provide at the POE should be along those lines.
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  #7 (permalink)  
Old 02-04-2008, 12:56 PM
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Default Ok

Here's my lawyers response

"Yes, the advance parole document can be applied for under several different circumstances. If you are asked the purpose of your trip to India, simply tell the truth."

But wait a minute. If AP is a document that should be and can be provided in case of emergency, why do they allow to apply months in advance? Blame this on the backlog? How come while applying for AP all of us (at least me) signed a paper supporting the AP application for vacation purposes? to support Part 7 of the application

Why does my I-131 document say - Application for travel document and not Application for emergency travel document?

How come Part 2 section D of the same document says - I am applying for an advance parole document to allow me to return to the United States after temperory foreign travel and NOT temperory emergency travel

if this is an emergency document how come part 3 of the application asks for date of intended departure and expected trip length...you never know these things in an emergency? applying months in advance...

Either way now I know the rules, so I know what to expect. thanks to the forum and the thread creator who shared their experience.

I dont know about others but this is an eye opener for me.
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  #8 (permalink)  
Old 02-04-2008, 12:59 PM
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Default To hopefullegalimmigrant

Excellent points.
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  #9 (permalink)  
Old 02-04-2008, 01:04 PM
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Default Sounds scary

I know many who filed AP with I485, I140 and they got it within 3 months. Why I asked my Layer he said that AP is for emergency and He will not file with I485 and I140. He said whatever others are doing is not correct. There should be a reason to file AP such as marriage, somebody sick or hospitalized etc.

So if somebody ask any Q when you arrive here then dont say you went for vacation. Give them some reason.
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  #10 (permalink)  
Old 02-04-2008, 01:04 PM
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Default

The sooner we get the GC the better. Getting stuck in the backlog our problems will only grow.

Guys mail those letters to the President and IV, if not already.
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  #11 (permalink)  
Old 02-04-2008, 01:21 PM
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Default Agreed

grupak - I have my letters and they will be in the mail tonight.
ssingh92 - your lawyer gave you the appropriate legal answer. I admit I did not know this and did read every single line on the application that did not suggest this was for emergency

Every step of this GC process seems a wrangle
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  #12 (permalink)  
Old 02-04-2008, 01:23 PM
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Default

Quote:
Originally Posted by diptam View Post
I dont understand what's going on.

I was also harassed at Boston POE - I had valid H1B stamped outside and valid AP inside my handbag and i did nothing wrong last 8 years apart from working day and night for fortune 100 companies and paying 30% Income taxes, obeying all rules and regulations !! I have never replaced any eligible american from their desk (rather- i see very few eligible around ) because i was mostly highly paid .

Why i should be harassed without any reason ? Come on... Give me a Break!!
Hey Diptam,
Did they give you hard time at Boston ?
Did you travel recently ?
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  #13 (permalink)  
Old 02-04-2008, 01:25 PM
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Default

All I can understand from your account is you encountered an officer who probably had processed a lot of AP admissions who quoted vacation. But that rule certainly had to be relaxed. We cannot be restricted not to travel for 5 years like undocumented workers for the fear of not being admitted into the country.

For all those who are happy with the AP and EAD thinking that have all the freedom, it is time to understand that they are not same as GC. It is another reason for all of us to write the letters and show some support.
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  #14 (permalink)  
Old 02-04-2008, 01:27 PM
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Default

Quote:
Originally Posted by diptam View Post
I dont understand what's going on.

I was also harassed at Boston POE - I had valid H1B stamped outside and valid AP inside my handbag and i did nothing wrong last 8 years apart from working day and night for fortune 100 companies and paying 30% Income taxes, obeying all rules and regulations !! I have never replaced any eligible american from their desk (rather- i see very few eligible around ) because i was mostly highly paid .

Why i should be harassed without any reason ? Come on... Give me a Break!!
Diptam,

So what was your experience. Can you elaborate on it a little bit.
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  #15 (permalink)  
Old 02-04-2008, 01:51 PM
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Default

Quote:
Originally Posted by vamsi_poondla View Post
All I can understand from your account is you encountered an officer who probably had processed a lot of AP admissions who quoted vacation. But that rule certainly had to be relaxed. We cannot be restricted not to travel for 5 years like undocumented workers for the fear of not being admitted into the country.

For all those who are happy with the AP and EAD thinking that have all the freedom, it is time to understand that they are not same as GC. It is another reason for all of us to write the letters and show some support.
That is an understatement .... Advanced Parole in legal terms means that you have been parolled into US, meaning that although you have been allowed to physically enter the US, legally you are still at the port of entry !!!!!

This has tremendous implications .... you do not have the same right to lawyers, courts etc at the Port of Entry as a person "admitted" into the US.
Remember ?? the officers have the discretionary power to send you back at the port of entry and you can do nothing about it, no access to lawyers, redressal etc. The same kind of concept at play here.

That is the reason why AP should be used sparingly. the original intent of the AP document was to let you enter US with the assumption that your adjustment application approval will reset your status to admitted in a very short time.

I cant find the link to an excellent article explaining exactly what it means and why AP was "instituted"
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