Denied Entry

Advance Parole Denied Entry: What It Means & How to Protect Your Case

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Being denied entry at the US border while traveling on Advance Parole (Form I-512) can be frightening, especially when you believed you were authorized to return. Unfortunately, Advance Parole is not a guarantee of admission, and US Customs and Border Protection (CBP) can still refuse entry based on immigration history, past violations, or security concerns.

If your Advance Parole was denied at the airport, you still may have legal options to return or salvage your pending green card application.

Why Advance Parole Doesn’t Guarantee Reentry

Many applicants believe Advance Parole is equivalent to a visa or admission document but it is only permission to request entry, not a right to enter. CBP can deny Advance Parole entry for many reasons.

Common Reasons for Advance Parole Denials

  • Past immigration violations or unlawful presence
  • Old visa overstays or removal/deportation orders
  • INA §212(a)(6)(C)(i) misrepresentation findings on record
  • Criminal history or criminal allegations
  • Previous visa fraud or unauthorized employment
  • “Security concerns” or database/name matches
  • Pending investigations or unresolved USCIS issues

What Happens If Advance Parole Entry Is Denied?

If CBP refuses entry:

  • You may be placed in secondary inspection
  • You may be detained or issued expedited removal
  • You could be told to withdraw your application for admission
  • Your I-485 Adjustment of Status may be considered abandoned

However in many cases, these decisions can be challenged.

Real Success Story: Advance Parole Denied / Green Card Saved

A Venezuelan applicant with a pending I-485 traveled on Advance Parole and was denied entry at Miami Airport after CBP cited a past overstay. She was told her green card application was abandoned. She contacted our firm immediately. We helped her reenter the US and filed legal arguments challenging the abandonment. Her Adjustment of Status was reinstated and she received her green card four months later.

Get Immediate Legal Help After Advance Parole Denial

Many clients come to us after attempting to travel on Advance Parole with previous overstays or minor violations. We’ve helped them restore eligibility, challenge wrongful determinations, and protect their green card applications.

Email us at info@messersmithlaw.com or call 305-515-0613 — Same Day Consultation Available
The Messersmith Law Firm. Experience in Overturning CBP Denials & Advance Parole Cases Nationwide

Denied Entry to USA

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Denied Entry to USA

Reasons for Denied Entry to USA

Most foreign nationals who are denied entry to the US are those attempting to enter as tourists with B1/B2 visas or through the VWP Visa Waiver Program.  In order for tourists to gain entry to the US, they must establish to CBP, the Immigration Officer, that their trip is for tourist purposes and that he or she intends to return home before their authorized period of stay which is typically 6 months for B1/B2 visa holders or 90 days for VWP entrants.

212(a)(7)(A) Documentation Requirement for Immigrants

If CBP believes that the foreign national, who requests a temporary entry, but believes that the foreign national truly intends to stay permanently, he may deny their entry pursuant to 212a7A and require them to obtain an immigrant visa before attempting reentry.

212(a)(6)(C)(i) Misrepresentation

If CBP believes that the foreign national made a material misrepresentation in order to attempt entry, such as stating that the applicant intends to visit Disney when they actually intend to work for a specific company, he may deny their entry pursuant to 212a6Ci.

212(a)(9)(B) Unlawful Presence

If CBP believes that the foreign national was previously in the United States illegally for a period of more than 180 days, he may deny their entry pursuant to 212a9B.

A complete list of reasons why a foreign national can be denied entry can be found here. INA 212 Inadmissibility.

What Happens When Denied Entry to USA

If you are denied entry to the US, CBP will normally give you an opportunity to withdraw your application for admission.  If you withdraw your application for admission or if CBP orders your removal, you will be placed order oath and CBP will complete a record of incident.  If this occurs, be sure to obtain a copy of this record.  CBP will then place you on the next available flight with the airline to your home country (or car or boat depending on your method of entry).

Options to Address Denied Entry

After you have been denied entry, you will have three options to attempt a reentry.  First, if you believe that CBP had no valid basis to refuse your entry (e.g. They accused you of misrepresentation but you made none) then you can challenge the denial of entry with CBP or provide evidence that the denial was made incorrectly.  Second, if CBP denied your entry because they want you to enter as an immigrant rather than a nonimmigrant, you can obtain an immigrant visa.  Third, if your entry was denied and the ground of inadmissibility does apply (e.g. you previously overstayed more than 180 days) then you can apply for a waiver of inadmissibility and then reenter.