Advanced Parole - When is the actual last date of use?
blenky16
Ok, this might seem like a stupid question, but before I travel for this
weekend to Canada (which is our Thanksgiving), I want to make sure I can
get back into the US, and I have learned to make NO assumptions when it
comes to immigration.
So I have an Advanced Parole which is set to expire on October 12,
2003... does that mean I can actually use it to enter on October 12??
Or should I re-enter on October 11th? Just want to know if it is still
good through October 12th or not? Make sense?
Thanks for the input!!
Cheers,
Sean
--
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Folinskyinla
Originally posted by blenky16
>
>
> Thanks for the input!!
>
> Cheers,
> Sean
Hi:
October 12, 2003. But you may have a not-too bright border inspector.
When I read your header, I thought the question was going to be the
classic one of did you have to arrive before expiration or start your
journey to the US before then.
There is venerable case law on this in regards to visas. The rule for
visas is that you must start an uninterrupted journey to the US before
the visa expires. This goes back to the days of ships and airplanes
with propellers which had to make refueling stops.
There was one case where a lady flew from Maricaibo to Caracas before
her visa expired but waited three days in Caracas for a flight to Miami.
The BIA ruled that the she had been required to depart from her COUNTRY
before expiry.
I once had a case where Manila issued an Immigrant Visa good for nine
HOURS due to the lady's impending 21st birthday. She was on the evening
flight to Tokyo and then flew to the US the next day with no problem.
However, do note that this discussion applies to VISAS and not advance
parole. I had a battle one with INS on this and rather than fighting
City Hall, we just filed a new adjustment. I think I was right and INS
wrong, but we took the easy way out.
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
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