New York Lawyer's Legal Updates

Do Not Leave USA If I 131 Advance Parole Is Pending!

Author: NY Immigration Attorney Alena Shautsova

Form I 131 can be used for a variety of applications connected with travel: A refugee travel document, parole in place, a reentry permit, etc. Often, persons who have a pending adjustment of status in the US, for example, would apply for permission to travel abroad while the application is pending. For a long time, if a person with pending I 131 advance parole who travel abroad during the pendency of the application with a valid Advance Parole Document or a valid H, K, L, or V visa.

Recently USCIS announced that it will consider I 131 Advance parole application to be abandoned if a person leaves the USA before its approval. With no advance parole, a person’s underlying pending application will be denied as abandoned as well, because a person’s leaving the USA without the advance parole will be considered a departure.

It means that the consequences for rush travel may be devastating for a person, especially the one who is subject to an employment-based adjustment of status.

There exists, however, an expedited procedure to receive advance parole: a person with a pending application or with the urgent need to travel may appear in person at the local USCIS field office and request for the advance parole to be issued right then and there. If the matter is truly urgent, the request will be approved.

There is also a possibility to request an expedited review of the advance parole application with the service center where the application is pending. It can be requested via fax, and if a reviewing officer finds the reasons to expedite appropriate, the application will be approved.

If you have questions regarding travel to/ from the US with pending applications, green card or asylum, please call us or email for a consultation at office@shautsova.com or 917-885-2261.

20 December 2018
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