Arriving Alien then Became Out of Status, Now Trying to Adjust Status

[mjsantos]

My question is in the State of NY.
If I came to US with a tourist visa. Then, I overstayed. Then, I was granted work permit. While in a work permit, I traveled overseas with advance parole. Then, years later, I became out of status again. Then, my brother filed an I-130 application for me and it was approved. Now, I am waiting for my visa to be available. However, I was told that I am considered "arriving alien" and I might face a lot of problems when I try to adjust my status again for the fact I once was granted an advance parole. I was also told, I can get detained when I go to my interview. Is that true?

Thank you.

[Mr. Knowitall]

You were told this by whom? A friend? Your immigration lawyer? The village idiot?

I'm not sure what you're stating above. Are you stating that you left the countyr with advance parole and didn't return? That you did return, the overstayed your status? Or something else?

[mjsantos]

What I am saying is that while I had my work permit, I traveled overseas with an advance parole and returned to the US to continue adjusting my status. I entered the the US with my advance parole with no problem. However, things did not work out here. I then, became out of status again. My brother filed an I-130 9 years ago and I should ber able to apply for adjustment of status in 1 1/2 year. Will I have problems adjusting my status for the fact I left the US with an advance parole and I came back as an arriving alien? Was I, or Am I consider an arriving alien?

Thank you.

[Mr. Knowitall]

I suggest sharing the details with an immigration lawyer. I'm still not clear on what your story is, and I certainly don't have enough information to tell you if whoever it is you're talking to is steering you in the right or wrong direction.

[mjsantos]

But, Am I or Was I an arriving alien?

Thank you.

[aaron]

Here's the definition:

As used in this chapter:

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(q) The term arriving alien means an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and brought into the United States by any means, whether or not to a designated port-of-entry, and regardless of the means of transport. An arriving alien remains an arriving alien even if paroled pursuant to section 212(d)(5) of the Act, and even after any such parole is terminated or revoked. However, an arriving alien who was paroled into the United States before April 1, 1997, or who was paroled into the United States on or after April 1, 1997, pursuant to a grant of advance parole which the alien applied for and obtained in the United States prior to the alien's departure from and return to the United States, will not be treated, solely by reason of that grant of parole, as an arriving alien under section 235(b)(1)(A)(i) of the Act.

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[mjsantos]

So, since I was granted advance parole on July 2002 and became out of status in January 2003, Aren't I considered as an arriving alien as the last three lines state?