USA IMMIGRATION NEWS

USCIS Reminds Visa Applicants to Obtain Advance Parole Before Traveling Abroad

Tuesday, 2 June 2009

USCIS is Reminding Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

U.S. Citizenship and Immigration Services (USCIS) recently issued an update designed to remind individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

• been granted Temporary Protected Status (TPS);
• a pending application for adjustment of status to lawful permanent resident;
• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• a pending asylum application; or
• a pending application for legalization.

Advance Parole is a document that permits certain aliens to reenter the United States without an immigrant visa or non-immigrant visa after traveling abroad. Advance Parole represents a means by which certain foreign nationals, who do not have a valid immigrant/nonimmigrant visa, may reenter the U.S. after traveling abroad. Such aliens must be granted Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, individuals may face severe consequences as they may not be permitted to re-enter the United States upon their return without obtaining some kind of visa. In many cases this leads to the determination by USCIS that the alien has abandoned their pending application and thus they are denied or administratively being closed.

The two main benefits of Advance Parole are that they enable an alien to reenter the U.S. after traveling abroad without having to obtain a visa to enter the U.S.; and it preserves the pending Adjustment of Status or certain protected status that the alien has filed.

Additionally, once an alien secures Advanced Parole, if they attempt to enter the U.S. on a visa instead of the Advanced Parole, in many cases the pending I-485 or protected status may be considered abandoned.

USCIS’ update stands to remind individuals planning to travel abroad that they should plan ahead since the processing time of an Advanced Parole document is approximately 90 days, depending on the USCIS office location.

Please note that aliens who depart the United States after being unlawfully present for a certain period of time may be deemed inadmissible and ultimately ineligible to adjust their status to that of a lawful permanent resident, even if they have obtained Advance Parole. As such, if you have remained in the U.S. for a period of time in excess of your authorized status, you should consult a Migration Expert to determine whether you may attempt to reenter the U.S. using Advance Parole.

For additional information regarding the above or for assistance with your US visa application please visit migrationexpert.com.