Advance Parole: Preventing Immigration Problems From Travelling Abroad
There are many ways to slip up during the immigration process.
A person can file many documents and submit pages of evidence only to have their accepted filing rejected because they have abandoned it.
This problem often arises when an alien leaves the country to go back home for an extended period of time.
This article will discuss how certain types of aliens can preserve their status or pending applications, while travelling abroad.
What is Advance Parole? Advance Parole (AP) is essentially permission which allows certain aliens to re-enter the US without a visa after traveling abroad.
Aliens apply for AP before leaving the US and therefore should be planned in advance.
If AP was not received prior to traveling abroad, the alien may not be permitted to re-enter the US upon their return without holding some type of visa.
What does Advance Parole Do? The Advance Parole serves two functions.
First, it allows an alien to re-enter the U.
S.
after traveling abroad without needing a visa to enter the US.
Secondly, it preserves the alien's pending I-485, Adjustment of Status, or certain protected status that the alien has filed.
Likewise, if an alien has a pending I-485, Adjustment of Status, and then enters the US without AP (but instead with another visa), that pending I-485 or a protected status can be construed as abandoned.
For example, an alien with a pending I-485 Adjustment of Status who leaves the U.
S.
and then re-enters on a non-immigrant visa such as F-1 will generally be considered to have abandoned his I-485.
There is one exception to this rule regarding H-1 and L-1 holders.
How Does the Process Work? For most cases, an interview will not be required for the Advance Parole application.
USCIS mail the AP directly to the applicant or to their attorney after reviewing and approving the application.
It has become increasingly common to interview however because of recently heightened security precautions.
Who Can Apply for Advance Parole? Not all aliens may apply for Advance Parole.
The following alien classes can apply however if they have: - have a pending adjustment of status application; - been admitted as a refugee or have been granted asylum; - been granted benefits under the Family Unity Program; - been granted Temporary Protected Status; - have a pending asylum application; or - have a personal emergency or bona fide reason to travel temporarily abroad.
Aliens in the US are not eligible for Advance Parole if they are: - in the US without a valid immigration status; - an exchange alien subject to the foreign residence requirement; - the beneficiary of a private bill; or - under removal proceedings.
A person can file many documents and submit pages of evidence only to have their accepted filing rejected because they have abandoned it.
This problem often arises when an alien leaves the country to go back home for an extended period of time.
This article will discuss how certain types of aliens can preserve their status or pending applications, while travelling abroad.
What is Advance Parole? Advance Parole (AP) is essentially permission which allows certain aliens to re-enter the US without a visa after traveling abroad.
Aliens apply for AP before leaving the US and therefore should be planned in advance.
If AP was not received prior to traveling abroad, the alien may not be permitted to re-enter the US upon their return without holding some type of visa.
What does Advance Parole Do? The Advance Parole serves two functions.
First, it allows an alien to re-enter the U.
S.
after traveling abroad without needing a visa to enter the US.
Secondly, it preserves the alien's pending I-485, Adjustment of Status, or certain protected status that the alien has filed.
Likewise, if an alien has a pending I-485, Adjustment of Status, and then enters the US without AP (but instead with another visa), that pending I-485 or a protected status can be construed as abandoned.
For example, an alien with a pending I-485 Adjustment of Status who leaves the U.
S.
and then re-enters on a non-immigrant visa such as F-1 will generally be considered to have abandoned his I-485.
There is one exception to this rule regarding H-1 and L-1 holders.
How Does the Process Work? For most cases, an interview will not be required for the Advance Parole application.
USCIS mail the AP directly to the applicant or to their attorney after reviewing and approving the application.
It has become increasingly common to interview however because of recently heightened security precautions.
Who Can Apply for Advance Parole? Not all aliens may apply for Advance Parole.
The following alien classes can apply however if they have: - have a pending adjustment of status application; - been admitted as a refugee or have been granted asylum; - been granted benefits under the Family Unity Program; - been granted Temporary Protected Status; - have a pending asylum application; or - have a personal emergency or bona fide reason to travel temporarily abroad.
Aliens in the US are not eligible for Advance Parole if they are: - in the US without a valid immigration status; - an exchange alien subject to the foreign residence requirement; - the beneficiary of a private bill; or - under removal proceedings.
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