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Advance Parole for Parent only. Problem???

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  • Advance Parole for Parent only. Problem???

    My daughter (7 yrs) and I are Canadian citizens. We live in the u.s. - we file our state and federal taxes and shes been in school in the u.s for the last 8 months. We are going to Canada for vacation, ive been granted Advance Parole. My daughter however does not have any ties to U.s.
    My husband is a member of the armed forces & a USC. My daughter and myself both have military dependant Identification cards and our canadian passports. Will I have any trouble bringing her back to the states with me by land?

    Note: If i receive my Green Card before the trip does it help the situation?

    Thank you for your comments.

  • #2
    My daughter (7 yrs) and I are Canadian citizens. We live in the u.s. - we file our state and federal taxes and shes been in school in the u.s for the last 8 months. We are going to Canada for vacation, ive been granted Advance Parole. My daughter however does not have any ties to U.s.
    My husband is a member of the armed forces & a USC. My daughter and myself both have military dependant Identification cards and our canadian passports. Will I have any trouble bringing her back to the states with me by land?

    Note: If i receive my Green Card before the trip does it help the situation?

    Thank you for your comments.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Airforce Wife:
      My daughter (7 yrs) and I are Canadian citizens. We live in the u.s. - we file our state and federal taxes and shes been in school in the u.s for the last 8 months. We are going to Canada for vacation, ive been granted Advance Parole. My daughter however does not have any ties to U.s.
      My husband is a member of the armed forces & a USC. My daughter and myself both have military dependant Identification cards and our canadian passports. Will I have any trouble bringing her back to the states with me by land?

      Note: If i receive my Green Card before the trip does it help the situation?

      Thank you for your comments. </div></BLOCKQUOTE>

      If your husband is the member of US military, then you should never have any problem returning to US as long as you can show that you were accompanying your husband while abroad.
      In your case, going for only a short term vacation, you shouldn't have any problems returning to US at all.

      HOWEVER! Advance Parole is a very odd document, because you can be issued one even if you are inadmissible (which then may ultimately result in refused admission at the border).

      I would suggest you to make sure that you have no inadmissibility issues (not an overstay for instance) and don't mind spending $100 for a half an hour legal consultation. The headache you'll save yourself from will be of much greater benefit to you than mere $100 in your pocket today.


      Good luck.
      http://www.anbsoft.com/images/usflag_med.jpg

      "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

      Comment


      • #4
        Thank you for your response.

        To clarify - Active Duty Orders with my husbands name would suffice as proof that i am accompanying him?

        I will take the advice and speak to an attorney.

        Comment


        • #5
          Yes, it should be sufficient proof. Your daughter does have strong ties to the US. Her mother and her (step)father, for a start.

          Any time you leave the US without having your actual green card, there is the potential for issues. Even advance parole is no guarantee that you would be granted re-entry. These issues would vanish once you and your daughter have your green cards. I assume there is also a petition pending for her.
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

          Comment


          • #6
            Ok great!

            I haven't filed for my daughter as yet. The paperwork is to be sent after we get back from vacation. I didn't want to file it now, and it be deemed abandoned.

            Thanks for your help.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Airforce Wife:
              Ok great!

              I haven't filed for my daughter as yet. The paperwork is to be sent after we get back from vacation. I didn't want to file it now, and it be deemed abandoned.

              Thanks for your help. </div></BLOCKQUOTE>

              Ideally, it should have been filed at the same time as yours, so the two would process together. Given the fact that nothing has been filed for your daughter, you may have issues trying to re-enter. I'm not sure how they would deal with a minor with immigrant intentions but no pending status (an adult would most likely be denied) and the strong ties may not mean a thing in this case. It may be nothing, or you could get one of those by-the-book CBP officers, so I strongly suggest that you or your husband pop in to the JAG office before you leave, or consult a reputable immigration attorney.
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

              Comment



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