Do I need Advanced Parole while waiting for Green Card?

dolcevita

dolcevita

New Member
I have Asylee Status and Travel Document. I have applied fro GC and Advanced Parole. My lawyer told me I do need Advanced Parole so that my GC doesn't get abandoned. Now I have a friend telling me I don't need AP if I have Travel Document - is that true?
 
I have heard of an interpretation that AP might not be needed, as the regulation that says AOS is abandoned if you leave without AP or H1b/H4/L1/L2/K3/K4/V status in 8 CFR 245.2(a)(4)(ii) applies only to AOS under section 245 of the Act, and asylee/refugee adjustment is under INA 209, not INA 245.
 
I-485 abandonment doesn't apply to refugees/asylees. You don't need AP to travel while the application is pending. If you have a valid RTD and the country you're visiting accepts it, you're good to go. From the I-485 Instructions:

"If you are applying for adjustment of status under INA section 209 because you were admitted as a refugee or granted asylum, you may travel abroad and return to the United States with a refugee travel document. You may obtain a refugee travel document by filing Form I-131 as specified in the Form I-131 Instructions. However, see Form I-131 Instructions for a travel warning regarding voluntary re-availment."

Source: https://www.uscis.gov/i-485

Go to page 17 under "If You Leave the United States While Your Application Is Pending"
 
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