In a radical departure from previous practice, the United States Citizenship and Immigration Service (hereafter “USCIS”) has adopted a policy of denying I-131 Applications for Advance Parole on the basis of abandonment if the applicant departs the U.S while the application is pending.
Advance Parole
When an individual present in the U.S on a non-immigrant visa files an application for lawful permanent resident status (also known as a “Green Card”), they may also file an application for Advance Parole.
Advance Parole is a vital thread in the fabric of U.S immigration law. Generally, an individual who has filed an application for lawful permanent resident status by way of adjustment of status may not depart the U.S while their application for a Green Card is pending, in the absence of a grant of Advance Parole. Advance Parole is a form of travel authorization, which permits the holder to depart and re-enter the U.S (subject to certain conditions), while their application for lawful permanent resident status is pending.
If an applicant for adjustment of status departs the U.S while their Green Card application is pending, in the absence of a grant of Advance Parole, the Green Card application will be considered abandoned. The applicant will therefore be required to re-file their application and pay the Government filing fees again, if they wish to proceed with their application.
In addition, the applicant is likely to experience difficulty re-entering the U.S on a non-immigrant visa, following their departure. The vast majority of non-immigrant visas require visa holders to demonstrate “non-immigrant intent”. The act of filing an application for lawful permanent resident status inherently demonstrates “immigrant intent” and may therefore invalidate an otherwise valid previously issued non-immigrant visa. As a result, the applicant may be denied entry to the U.S, by an officer at the Port of Entry.
The Current Position
Previously, the USCIS allowed Green Card applicants to file an application for Advance Parole and depart the U.S, while their applications for Advance Parole and lawful permanent resident status were pending. However, the USCIS has now changed its position.
The USCIS will now consider an application for Advance Parole to be abandoned if the applicant departs the U.S while the application is pending. As a result, an individual who has applied for adjustment of status must now wait until the grant of Advance Parole is firmly in hand before departing the U.S. If they fail to do so, both their application for Advance Parole and lawful permanent status will be considered abandoned and they may experience subsequent difficulty re-entering the U.S.
Davies Legal
At Davies Legal, we offer U.S immigration advice and representation on both sides of the Atlantic. We are committed to providing the highest standards of client care, encompassing meticulous preparation of case work, attention to detail and a comprehensive explanation of every stage of the process, in order to maximize your prospects of success. Call now to speak directly to a U.S immigration attorney and obtain a free, no obligation price quotation.
NB: This article is provided for information purposes only and should not be construed as advice. If you are unsure as to whether you require Advance Parole, you should consult with a licensed U.S immigration attorney who can scrutinize your current circumstances in detail and offer advice tailored to the unique circumstances of your case.
