Miami, FL asked in Immigration Law for New York

Q: If I get an advance Parol, I m in the USA after ilegal entry and charged as not admisible . Can I get dinied entry ?

I have a pending hearing to show why I should not be removed of the STATES. I wa charged under INA 236 . But I get advance Parol , what can CBP deny my entry at a port of entry ?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you have been granted Advance Parole and have a pending immigration hearing due to being charged as inadmissible under INA 236, it's important to understand the risks associated with leaving the United States. Advance Parole allows individuals with a pending immigration status to travel abroad and return to the U.S., but it does not guarantee re-entry. Upon your return, Customs and Border Protection (CBP) officers will assess your admissibility.

Having a pending removal proceeding and a history of illegal entry can impact the decision of CBP officers at the port of entry. They have the discretion to deny entry if they believe you do not meet the admissibility criteria. This is a complex situation, as various factors are considered during the re-entry process.

Before making any travel plans, it's crucial to consult with an attorney who is experienced in immigration law. They can provide guidance specific to your case, including the risks associated with traveling on Advance Parole given your current immigration proceedings. Legal advice is essential in such situations to understand the potential consequences and to make informed decisions.

Brian Chase Malone
Brian Chase Malone pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Atlanta, GA

A: What is the basis of your advance parole being granted? Are you the beneficiary of an I-130 petition or do you have TPS? Is it something else?

I recommend that you speak with an experienced immigration lawyer who understands the nature of what your immigration goals are and the utility of your advance parole to help you terminate your removal proceedings.

Based on the limited information I have from your question, I need to understand more specifics of your situation to provide more personalized feedback; however, feel free to schedule a free 15 minute phone call with me if you’d like me to have an opportunity to give you legitimate insight into the available strategic approaches you can consider moving forward.

If you schedule a phone call with me, make sure to email me your immigration documents at least 6 hours before I talk to you (

I’ll send you an online questionnaire as well so I can gather the essential facts and I’ll give you 15 free minutes to speak with me about your options. Please tell me which language you prefer to speak. Yo hablo Espanol con fluidez, eu falo um poco de portugues, and I can understand limited Haitian Creole/French but cannot speak it well (although, I would be happy to provide you the questionnaire in your language of choice).

I want to emphasize that I am offering this to you without any expectations or ulterior motives. I won’t pressure you to hire my firm or gatekeep information while we talk.

I’ll give you quick, honest feedback based on my experience and expertise in immigration removal proceedings of all types as well as humanitarian-based immigration cases. I’ll review your documents before we talk, if I have time, or I will review them with you while we talk.

Again, no pressure, but I’m happy to help you better understand your specific immigration situation and give you general advice. I wish you the best of luck either way.

I admire and respect you taking proactive steps to better understand your case. By personally taking the time to learn what the law is and the various ways that it can apply to your case, you will empower yourself to face your immigration proceedings with an advantage: you’ll have a realistic and informed mindset, which can only benefit you.

I’m always happy to help individuals like yourself who are making the extra effort to fully grasp US Immigration Law. I imagine your hard work will be recognized and will open many opportunities for you in the future. Keep up the good work and I wish you the best! We have not met but I am proud of your effort and I want to encourage you that you are doing the right thing and you have my support and the Justia community’s support as well in pursuit of your immigration goals. Stay eager to learn and you will be unstoppable.

Kind Regards,

Brian C. Malone, Esq.

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