New York Lawyer's Legal Updates

Advance Parole Explained

Author: Green Card Attorney Alena Shautsova

An advance parole is a permission to enter the United States after a brief travel abroad while holding certain status or applying for an adjustment of status. If a person files an adjustment of status application and then travels outside the US without advance parole, the person’s application is considered abandoned.

There are just a few exceptions to this rule. Holders of L-1 and H-1B visas who maintained their lawful status after filing for adjustment may travel using their valid H1B or L1 visas. If a person in L1 or H1B status enters the US on advance parole and resumes her employment, she will be considered to be in a valid status nevertheless. See Memo, Cronin Acting Assoc. Comm. Office of Programs HQADJ 70/2.8.6, 2.8.12, 10.18 (May 16, 2000).

Pretty much the same exception applies to holders of valid K3, K4 and V visas. However, if a person holds a non immigrant status (let’s say F1, E or B) and files for an advance parole in connection with filed adjustment of status, return to the US on advance parole causes such a person (and his/her dependents) to lose their status. Letter, Skerrett, Chief IV Branch, Adjudications, HQ 245-C (Sept. 15, 1995).

Persons holding TPS and DACA are eligible for advance parole; so are those LPRSs who have applied for I 551 and who have to undertake an emergency trip abroad; and persons (apart from j visa holders subject to 2 year home residency requirement) whose parole is authorized for emergency or humanitarian reasons. A person in removal or other proceedings does not qualify for an advance parole.

Interestingly, even though it is being said in connection with 3/10 years bar, that travel on advance parole is not a departure, it is considered to be so if a person’s admissibility is being challenged after she returns from travel abroad using her advance parole. Such a person will be checked against admissibility rather than deportability grounds, even if before travel she was deportable. (There are different grounds for inadmissibility than deportability). At the same time, if an asylum applicant is travelling using advance parole, his departure and return do not trigger the new 1 year deadline to run.

Another danger of travel using advance parole is that it can be revoked while the person is outside the country. In such situations, even courts will not be able to help.

06 March 2017
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