advance parole

What is Advance Parole?

By Peek & Toland on April 7, 2019

When you are present in the U.S. and have a pending petition for adjustment of status to a green card or a marriage-based green card, leaving the country can be a tricky proposition. Leaving the U.S. while your petition is pending case be risky, since it can result in U.S. Citizenship and Immigration Services (USCIS) concluding that you have chosen to abandon your petition and lead to your inability to reenter the country. Therefore, you probably should avoid leaving the country while your petition is pending except in the case of an emergency.

If you find yourself in this situation, you will need to obtain advance parole BEFORE leaving the country. Advance parole gives you permission to physically enter the country for a specific purpose, much like a visa. In this case, however, advance parole allows you to reenter the country while you have a pending adjustment of status petition without considering you to have abandoned your petition. When you have advance parole, you can present yourself at any U.S. port of entry to gain entrance into the country in the absence of a visa.

What is Advance Parole?

To apply for advance parole, you must submit Form I-131, Application for Travel Document and file it with USCIS, along with a filing fee. It takes USCIS about 90 days to process these applications, if not longer, so you should submit it in as far in advance of your trip as possible. You will need to submit various supporting documents along with your application, including:

·         A copy of your receipt from USCIS showing that you have petition to adjust your status and obtain a green card

·         Two passport-style photographs taken with in the last 30 days

·         Evidence showing that your trip is for educational, humanitarian, or employment reasons

·         Identification documents and evidence of your current immigration status

·         Evidence indicating why your current circumstances warrant the issuance of advance parole

The immigration attorneys of Peek & Toland have the experience that you need when you are seeking any type of relief or benefit under federal immigration laws. We will determine the facts and evidence that are relevant to your case, evaluate your options, and help you decide the best course of action for your case. It is our intention to place you in the best position possible to achieve your goals. Contact our Texas immigration attorneys at our office today and learn how we can assist you through this complicated situation.

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Texas Service Center Denies Advance Parole Applications

By Peek & Toland on April 12, 2018

Advance parole is a permit for a non-citizen who does not have a valid immigrant visa, to re-enter the United States after traveling abroad. An airline can accept an advance parole document instead of a visa as proof that you are allowed to travel to the United States. However, an advance parole document does not replace your passport.

In the past, the federal authorities allowed advance parole applications for people who traveled abroad before their applications were approved.

However, in the fall of 2017 U.S. Citizenship and Immigration Services (USCIS) confirmed it was still denying travel from its Texas service center while the advanced parole form I-131 was pending

The stance ran contrary to a longstanding practice by the USCIS to allow international travel while an I-131 is pending, assuming the applicant had another means of being readmitted to the United States, such as an H-1B visa or an unexpired advance parole.

Texas center denies advance parole

Advance parole applications are denied

Usually, when an applicant for adjustment of status (form I-485) leaves the United States while an application is still pending, the I-485 is denied and the application is scrapped.

This is not the case if an adjustment applicant is in lawful L-1, L-2, H-4, H1B, K-3, K-4, or V status, and continues to be eligible for that status on return to the United States. In these cases, the application is not considered to be abandoned.

If an adjustment applicant travels overseas during when the I-485 application is pending, it is not typically denied as long as the foreign national has a valid, unexpired advance parole document that was approved prior to departing the United States.

The relatively new stance of I-131 applications being denied because the applicant traveled while an application was pending is of concern to immigration lawyers.

The new approach by USCIS may reflect President Donald Trump’s stance of reducing parole applications and approvals.

Advanced parole is on occasions confused with a reentry permit. Advanced parole is issued to an undocumented immigrant who does not have permanent resident status. A Reentry Permit is issued to a permanent resident of the United States. The two documents are very different in physical appearance. While Advance Parole is a single piece of paper bearing the individual’s photo, a Re-entry Permit looks like a passport.

Our Austin immigration attorneys can help with a wide variety of visa needs. Call us at (512) 474-4445.

Posted in Immigration, Visas

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