USCIS Reminder on Traveling with Advance Parole
Posted Oct 29, 2004
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The USCIS has issued a reminder pertaining to the necessity for some to obtain advance parole (AP) prior to departing the United States during the upcoming holiday season. AP is generally available to persons who have adjustment of status (I-485 application) pending. It is advance permission to reenter the U.S. for purposes of continuing to pursue the application for adjustment of status. The general rule is that persons with adjustment of status cases pending, who depart the U.S. without advance parole, are deemed to have abandoned the adjustment of status application. There is an exception for those maintaining H1B/H-4 or L-1/L-2 nonimmigrant status, who are seeking to return to the U.S. in that status with a valid and unexpired visa stamp in that category.
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Any person wishing to travel on AP should file well in advance of the planned travel. The AP applications can be filed at the Service Centers and at district offices, depending upon local procedures. The information for local office procedures is available on the USCIS WebSite.
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As an additional reminder, AP does not protect against the imposition of the 3/10-year bar for persons who have been unlawfully present in the U.S. for 180 days or longer and then choose to travel on AP. Therefore, those who may be subject to the bars should not travel until their green cards are approved. There are always risks involved in traveling outside of the United States. If there are questions or any uncertainties it is always best to discuss the situation with an experienced and knowledgeable immigration attorney prior to making travel plans.