I have a pending I-485 and a valid advance parole (AP) document. I need to travel to India. Am I subject to the COVID travel ban, or can I use the AP to return to the U.S.?

Answer

In the list of exceptions to the COVID-related travel ban, there is no mention of individuals with AP. This presumably means that a person with an AP must obtain a national interest exception (NIE) in order to return to the U.S.

Based on anecdotal reports, it appears that some AP holders who contact CBP to request an NIE are told that the AP is sufficient. Others, however, are told that an NIE is needed. These inconsistencies could also result in problems trying to board an international flight to the U.S. without an NIE. We are hoping that CBP will provide some clear guidance on this issue.  (15.Jul.2021)

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