Can I travel on my valid Advance Parole while Adv Parole Renewal Application Pending?

A

ani007

Registered Users (C)
Hi Guys,

Advance Parole approval is taking a long time.

Can I travel on my valid advance parole and re-enter pefore it's expiry date while my AP renewal is pending..?

I would really appreciate your responses.

Thanks

Ani
 
I think you can. In fact in the latest issue of Murthy bulletin, this exact situation is discussed. Check it out at http://www.murthy.com/bulletin.html. Topic 2.


Hope this helps.
 
I have a simular question to this matter, My wife being from Bulgaria has filed a AP for a travel document, there telling us between 60-90 days ....HERE is the big problem ...we have flight tickets for May 29th of this year "little over a month" .........

What should we do ? We are in Tampa .....
 
please read the latest posted by Murthy on April 15, 2004
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2. Favorable Interpretation on Advance Parole

Recently, the U.S. Citizenship and Immigration Services headquarters
office, referred to as Service Center Operations, issued a favorable
interpretation on Advance Paroles. This interpretation will help those who
are seeking to travel and follow the limitations set forth under the
law.

As regular readers of MurthyDotCom and the MURTHYBULLETIN are aware,
the American Immigration Lawyers Association (AILA) periodically holds
teleconferences with various USCIS officials regarding procedural and
legal matters. On March 29, 2004, there was a teleconference with Service
Center Operations that provided some helpful information regarding
advance parole. The issue was raised regarding travel while an Advance
Parole is pending. Specifically, it was noted that the Form I-131
instructions state that travel outside of the U.S. before the advance parole
document is issued will result in abandonment of the I-131 application.
The AILA Liaison members requested a clarification to assure that this
advisement did not apply universally. The question was whether the
limitation applied to persons who have a previously approved advance parole
prior to departure and for those with pending I-485s traveling in H1B,
H-4, L-1, L-2, K-3, K-4, V-2 or V-3 categories. The short answer is that
the limitation does not apply to these categories, provided the
approved advance parole or above-listed status does not expire while the
person is outside the United States.

Previously Approved Advance Parole

The USCIS stated that if a person has an advance parole and applies for
a new advance parole while in the United States, s/he may travel and
reenter the U.S. using the already approved advance parole. The person
must return during the time period permitted under that advance parole
that was approved before the person's departure. The USCIS specified that
the person cannot remain abroad after the expiration of the first
advance parole and then seek to enter on the second one after it is
approved.

Case Example with Dates

A person has an advance parole that is valid through June 15, 2004.
S/He files for a new advance parole on April 15, 2004, while in the U.S.
On April 20, 2004, the person learns that s/he must travel abroad
immediately. Under the USCIS advisement, the person could leave the U.S. and
reenter on the first advance parole through the June 15, 2004 date. The
advance parole filed on April 15, 2004 will be valid once it is
adjudicated for travel from its approval through its validity date.

It would not be permissible for the person in the example above to
depart the United States on April 20, 2004 and remain abroad past June 15,
2004, waiting for the second advance parole in order to reenter the
U.S. The person could not have someone send him/her the April 15th advance
parole in August 2004 and use it for reentry.

Select Nonimmigrant Classes

Some persons can have nonimmigrant status and an I-485 pending
simultaneously, based on the doctrine of dual intent allowed under law. These
classes of individuals may file for advance parole while in the U.S.,
leave before it is approved, and return using their proper nonimmigrant
visas without abandoning the advance parole. This privilege extends to
H1B, H-4, L-1, L-2, K-3, K-4, V-2 and V-3. These people must be
readmitted in the nonimmigrant status without jeopardizing the pending I-485
application to adjust status.

Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485
pending and a request for advance parole filed while in the U.S. Before
the advance parole is approved, the person has to travel abroad. S/He
may depart the U.S. and reenter in H1B status without abandoning the
advance parole request. The advance parole is then available to use for a
future trip.

Conclusion

These USCIS clarifications are helpful as these situations arise fairly
frequently. It is particularly important to have this type of
flexibility, in light of the timeframes for processing advance parole requests
in many cases. We do remind MurthyDotCom and MURTHYBULLETIN readers that
it is necessary to be in the U.S. at the time of filing the advance
parole request. It is also necessary to return to the U.S. within the time
given for advance parole, without exception or delay, unless traveling
on the H1B, H-4 or other nonimmigrant status. Unless a person is also
eligible for entry in a nonimmigrant status that is consistent with the
I-485 Application for Adjustment of Status, we often find that failure
of the I-131 applicant to ensure that s/he has a valid advance parole
to use for reentry can create enormous problems since waivers are rarely
granted in this day and age.

© The Law Office of Sheela Murthy, P.C.
 
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