Can I enter the US with an approved advance parole I applied for outside the US ???

[Godstine]

Hi,
I got married to an American citizen in October 2019,while on tourist visa. we had a wonderful marriage until she started abusing and assaulting. I traveled back to Nigeria in March 2020. Although we are still married till today,but she keeps threatening me with divorce. However in September 2023, I filled for adjustment of status via VAWA from Nigeria using my US address. I got notice for biometrics appointment in March this year,but I could not travel because my visa is expired and no visa appointment in my country till early 2024. I just received approval for EAD and and advance parole which I applied for while filing for my adjustment status. THE QUESTIONS,CAN I TRAVEL WITH MY APPROVED ADVANCE PAROLE TO THE US,? WILL THE CBP DENY ME ENTRY INTO THE US SINCE I APPLIED AND GOT THE ADVANCE PAROLE OUTSIDE THE US??? Kindly advise,tnx ........... Godstine

[newacct]

You are not eligible to apply for Adjustment of Status if you are outside the US. You must have been admitted or paroled into the US in order to file Adjustment of Status. Did you just put false information on the form? Therefore, anything based on your invalid AOS application, including any EAD or Advance Parole, is also invalid. They should deny you entry if you try to enter the US with it.

[Godstine]

I apply for adjustment via VAWA,as my wife in the US refused filing for me after our marriage due to her sustained attacks on me. Like I said,I used my US mailing address,where a cousin of mine resides.
My police character report that was requested by USCIS,was done in Nigeria and mailed to me cousin who mailed it to USCIS.
All information I put on the forms were not false, as I also provided my local phone numbers as I currently don't have a US phone number.
I missed my biometrics appointment in March due to no valid visa to travel,I had to call USCIS to reschedule my biometrics appointment due to the fact that am not in the US.
If you opinion above is anything to go by,what do I do in this circumstance ?

[newacct]

Adjustment of Status can only be filed by someone who is inside the US. (There is the separate process of Consular Processing for people who are outside the US.) Therefore, you were not eligible for Adjustment of Status when you filed it. This is very clearly stated in the I-485 instructions. On the I-485 form, you had to state your current status (which you do not have since you are not in the US), and information about your admission and I-94 (which you do not have since you are not in the US; your past admission is over once you left the US).

Is your I-360 approved or still pending? Did you enter a consulate on your I-360, part 4, item 1?

[Godstine]

I mean I got a prima facie determination on my form i-360 in March 2023 to expire in March 2024

[Godstine]

I got a prima facie determination on my form i-360 in March,2023 to expire in March 2024 with certain benefits.
If the advance parole will not allow my entry into the US, can I apply for a visitor's visa? I need to travel to the US for my biometrics appointment.
Pls suggest the way out of this quagmire for me,tnx.

[newacct]

I believe that, if your I-360 has been approved, you would file I-824 (selecting Part 2 item 1.d) to have USCIS send the approved petition to NVC for Consular Processing. If your I-360 has not yet been approved, you can ask USCIS to change the pending I-360 from Adjustment of Status to Consular Processing, so that it will go to NVC when approved.

[Godstine]

Under this circumstance,can I apply for a tourist visa,as I have a professional conference to attend in August 2023? Will the visa officer not see my immigration status in their system during my interview, and will it not negatively affect my chances of getting the visa? Pls share your experiences,thanks.

[newacct]

You cannot enter the US as a visitor with preconceived intent to file I-485 (Adjustment of Status) during that stay. You can seek to enter as a visitor with intent to visit and then leave, though it's still up to the officer to decide whether to let you in. The officer can consider anything in your history, including your past applications.