Advance Parole

March 12, 2011 | Posted in Advance Parole, K1 Fiancee Visa, K3 Visa

Advance Parole can be described as an official document that enables aliens to re-enter the USA with no need of an immigrant visa, or non-immigrant visa as a result of traveling outside of the United States. Specifically, these aliens are required to be awarded approval of Advance Parole in advance of their departure from the USA. If they have not acquired Advance Parole in advance of making a journey outside the USA, these people may not be authorized to re-enter the USA immediately upon his or her own return while not having obtained a specific type of visa.

There are two primary characteristics associated with Advance Parole:

1) It permits an alien to return to the United States following travel outside the USA without needing to acquire a visa to return back into the United States.

2) It preserves the pending Adjustment of Status or specific safeguarded status in which the alien has submitted. Certainly, in the event that an alien applies for Adjustment of Status and afterwards enters the United States on a visa rather thanan Advanced Parole, the pending I-485 or a protected status could be regarded as abandoned. For example, a particular applicant for Adjustment of Status whom departs from the United States and then returns utilizing a non-immigrant visa, for example, an F-1 visa, will most likely be regarded as having all but abandoned his or her’s adjustment application. The only exception to this regulation pertains to H-1 and L-1 holders.

Typically, a USCIS interview is not needed relating to the Advance Parole application. USCIS Service Centers and/or localized agencies will likely send the Advance Parole by regular mail to the applicants, or perhaps directly to the attorney who prepared the application following review of the documents, and granting approval of the application. Although, due to the recent elevated security practices, a number of local USCIS offices have in effect made changes to the traditional Advance Parole application process.

Aliens currently in the USA are able to make an application for Advance Parole should they have:

Submitted an application for adjustment of status and it is pending;
If they were admitted into the USA as a refugee or they have been awarded with asylum;
If they were given benefits within the Family Unity Program;
If they were awarded Temporary Protected Status;
If they have an asylum application pending; or
An emergent personal or genuine purpose to travel on a temporary basis outside the USA.

Aliens currently in the USA will not be qualified to receive Advance Parole when they are:

Currently in the USA and not having valid immigration status;
If they happen to be an exchange alien and they are subject to the foreign residence requirement;
The beneficiary of a private bill; or
If they are under removal proceedings.

    Also see:

advance parole
application form
travel document
reentry permit
i-131 travel document
emergency travel documents

Was this information helpful? Please “Like’ it on Facebook and help us share this information with others!

US K1 VISA

There have been 14 articles published so far. Keep Checking Back Often For New Articles.

Comments are closed.