INS rule change on Adv. Parole

[patience=gc]

Found this on the following website: www.usvisanews.com

What is your take on it? Can anyone explain....


INS Update on Period of Authorized Stay Following Travel on Advance Parole


By Kim King Monday, October 7, 2002

According to a recent posting on the web-site for the American Immigration Lawyers Assocaition (AILA), the days of the "indefinite" parole entry following travel during pending adjustment of status are over. Previously, persons who entered the U.S. using advance parole would be issued an uncapped period of authorized stay, identifying them as "paroled indefinitely."

Now, however, the INS has advised AILA that it has discontinued this practice. Instead, persons who enter the U.S. using advance parole will be admitted for a one-year period of stay only. We await further information from the INS to be better able to determine the implications of this recent change.

 

[NS485]

http://www.usvisanews.com/memo1878.html

By Kim King Friday, October 11, 2002

On October 7th we posted a short statement regarding the INS policy recently shared with the American Immigration Lawyers Association (AILA) that the period of authorized stay issued to individuals who enter the U.S. using advance parole will be limited to one-year. The INS has not yet offered guidance to further detail resulting questions, however we hope that some guidance will be published shortly.

Nonetheless, the IMMEDIATE and SIGNIFICANT effect of this INS policy is the limitation of a previously relied upon premise that an adjustee will have his/her lawful stay preserved throughout the pendency of his/her I-485. We remind clients and readers once again that lawful stay is directly linked to possession of a valid I-94 card or, in some circumstances, a pending application/petition filed before the applicant/beneficiary's prior I-94 card expired. However, based on the newly announced INS policy on use of advance parole, the issuance of an I-94 card WITH AN EXPIRATION DATE will determine the period of authorized stay regardless of the ongoing pendency of an I-485.