Return before Advance Parole Expires
Posted Jan 30, 2004

Persons who have filed an Application for Adjustment of Status (I-485) generally can also request a benefit known as Advance Parole (AP). The form for making an AP request is an I-131. AP essentially is advance permission to return to the U.S. to continue pursuing the I-485. It can be used instead of a visa. If a person with an I-485 pending is not also maintaining H-1 or L-1 status (or dependent, H-4 or L-2, status), it is necessary to have AP to travel abroad and return to the U.S. More information on persons who are not eligible to travel on AP can be found in our December 15, 2000 article, INS Advisory on Travel with I-485 Pending. A detailed explanation of travel by H-1 and L-1 nonimmigrants and their dependents while the I-485 is pending is available in our May 30, 2000 article, INS Guidance on H-1/L-1, EAD and Advance Parole. Both articles can be found on MurthyDotCom.

From time to time, we receive questions asking when it is necessary to return if one is traveling on AP. The AP document, Form I-512, contains a clearly stated expiration date. The Form bears the statement, "presentation of the original of this document prior to (date) will authorize an immigration officer at the port of entry in the United States to permit the named bearer, whose photograph appears hereon, to enter the United States." This date is generally one year from the date the AP was initially approved. The return to the U.S. must occur before the stated date. Travel plans should be made to allow for potential problems such as flight cancellations, illnesses and the like. This means that one should plan to return sufficiently in advance of the expiration date to accommodate the complications of travel that can arise. Unless the individual has another valid basis for gaining admission to the U.S., failure to return within the permitted timeframe will lead to significant complications and, at the least, an extended stay abroad.

The Parole document is reasonably clear and straightforward. Sometimes, however, people confuse the date stamped on the document at the port of entry as the validity date. When one returns to the U.S. on AP, s/he should receive a new I-94, Arrival / Departure card, with a one-year validity date. The Parole document should also be stamped in a box located in the lower right-hand corner of the document. However, none of these dates or stamps changes the validity of the Parole document. Additionally, the one-year stamp does not actually limit the time to remain in the U.S. to one year, if the I-485 processing lasts beyond the date on the paroled entry stamp. See our November 8, 2002 article, Advance Parole: I-94 Expiration Generally Not a Problem, available on MurthyDotCom.

There is always risk involved with travel. We often learn of people who are stranded abroad without proper documents to return. The road back to the U.S. is often quite difficult. Most of these people have made some sort of a mistake or incorrect assumption about what documents they may require to return to the U.S. Some of them think they will be able to convince the consulate or port-of-entry officers to permit entry or grant some type of special permission. These can be life-changing mistakes. Therefore, if travel is planned and there are any uncertainties about documents needed to board the plane and gain entry, it is best to consult with a qualified immigration attorney before departure. Err on the side of caution and always travel well in advance of any expiration dates.