USA IMMIGRATION NEWS

USCIS Reminds Advance Parole Applicants to Apply Early

Monday, 26 October 2009

With the holiday season fast approaching the United States and Immigration Service (USCIS) issued a reminder to applicants for Advance Parole to apply early.

Advance Parole is a travel document that authorizes qualified applicants to travel internationally and re-enter the U.S. after such travel. Attempts to re-enter the United States without prior authorization may have severe consequences since individuals requiring Advance Parole may be unable to return to the United States and their pending applications may be denied or administratively closed. As such, it is paramount that individuals who require Advance Parole apply for and obtain it prior to traveling outside the U.S. Individuals must obtain Advance Parole from USCIS if they have:

1. Been granted Temporary Protected Status;
2. Have a pending application for adjustment of status to lawful permanent resident;
3. Have a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
4. A pending asylum application; or
5. A pending application for legalization.

To obtain Advance Parole, individuals must prepare and submit Form I-131, Application for Travel Document to the USCIS.

Although many applicants may be eligible to apply for Advance Parole based on a pending application the USCIS cautions that in some circumstances international travel may not be in an applicant’s best interest. For instance, applicants who were previously unlawfully present in the U.S. for any period of time should not utilize this benefit. The USCIS properly highlights this issue in their fact sheet, stating that "under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole."

In addition, the USCIS also warns that an asylum applicant who leaves the United States pursuant to Advance Parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application, unless the applicant is able to establish compelling reasons for the return. Therefore, if an asylum applicant returns to his or her country of claimed persecution pursuant to Advance Parole, he or she should be prepared to explain the reason for the return.

As such, it is clear that failure to properly obtain and utilize an Advance Parole document can result in severe penalties, including loss of immigration benefits. Therefore, applicants must take the proper precautions to adhere to the applicable rules as reminded by the USCIS.

If you are interested in Visas to USA, contact Migration Expert for information and advice on which visa is best suited to you. You can also try our visa eligibility assessment to see if you are eligible to apply for a visa to the United States of America.