Success! We recently had an Advance Parole Approved for an individual with a pending I-485 Adjustment of Status application based on a family immigration petition. The US Citizenship and Immigration Services (USCIS) issued the Advance Parole for five years, the maximum validity period allowed under the new USCIS policy. USCIS approved the Advance Parole for multiple entries. The overall processing time was 8 months.
In most cases, if you have applied for Permanent Residence (a green card) by filing an Adjustment of Status application, you cannot travel outside of the U.S. while the Adjustment of Status application is pending. If you do, the Adjustment of Status application can be considered abandoned and you may not be re-admitted to the United States. It is important that you obtain proper documentation before leaving the United States.
In order to travel outside of the United States while your Adjustment of Status application is pending you need to apply for an Advanced Parole document. Furthermore, you must remain in the United States while the advance parole application is pending and until you obtain an approved advance parole. However, this does not apply to those who:
- Maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas,
- V nonimmigrants who have valid V visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and
- K-3/4 nonimmigrants who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
The categories of Advance Parole documents that are valid to 5 years include:
- Individuals applying for Adjustment of Status under INA Section 245 (this includes most adjustment of status green card filings based on marriage to a U.S. citizen, child of a U.S. citizen or permanent resident or adjustment filings based on employment).
- Individuals admitted to the United States as refugees, those granted asylum, and those granted withholding of deportation/removal.
Malescu Law can assist
Malescu Law P.A. – Immigration Lawyers