US IMMIGRATION: advance parole

Aliens with pending applications need Advance Parole to travel outside the US.

Advance parole does not guarantee admission into the US. Aliens with advance parole are still subject to the immigration inspections process at the port of entry. Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need advance parole to travel outside the US. Aliens applying for advance parole on the basis of a pending application for adjustment of status(green card)must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment of status.

The requirement to obtain advance parole does not apply to:

  1. Aliens who have applied to adjust to permanent resident status and who maintain H-1B Specialty Worker, or L-1 inter-company transferee status.
  2. Their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas.
  3. Non immigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US.
  4. K-3 and K-4 nonimmigrant's who have applied to adjust to permanent resident status and who have a valid K-3 or K-4 nonimmigrant visa, are in valid K-3 or K-4 nonimmigrant status and have or obtain a valid K-3 K-4 nonimmigrant visa before applying for readmission to the US.

Aliens in the United States should obtain advance parole in order to re-enter the United States prior to departure if:

  1. They filed an application for adjustment of status but have not received a decision from the USCIS.
  2. They hold refugee or asylee status and intend to depart temporarily to apply for a US immigrant visa in Canada.
  3. Have an argent personal or bona fide reason to travel temporarily abroad.

Aliens in the United States are not eligible for advance parole if they are:

  1. In the United States illegally.
  2. An exchange alien subject to the foreign residence requirement.

Advance parole does not guarantee admission into the US. Aliens with advance parole are still subject to the immigration inspections process at the port of entry.

Filing for advance parole.

A person in the US who is applying for an advance parole document must present:

  1. A copy of any document issued to the alien by US. immigration officials showing present status in the United States.
  2. An explanation or other evidence demonstrating the circumstances that warrant issuance of Advance Parole.

If the alien is basing his or her eligibility for advance parole on a separate application for adjustment of status (green card) or asylum, he must also attach a copy of the filing receipt for that application. If the alien is traveling to Canada to apply for an immigrant visa, he or she must also attach a copy of the consular appointment.


Immigration

Aliens with pending applications need Advance Parole travel outside the US.
This web site does not provide legal advice. The information contained herein is generalized and should not be used to replace legal advice for specific immigration cases.
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