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USCIS Denying Advance Parole

When valid non-immigrant visa holders within the United States apply to adjust their status to be an immigrant by applying for permanent residency, they can simultaneously apply for an advance parole with the United States Citizenship and Immigration Services (USCIS). An advance parole acts as an authorization to travel abroad. However, if the applicant travels out of the country while it is still pending approval, USCIS may deny the application.

On visas like H, K, L or V, the applicant demonstrates an intent to not immigrate to the US. However, if he decides otherwise, he has to apply for a “adjustment of status” via Form I-485, an application for permanent residency. This invalidates their existing visa. In such circumstances, should they have to travel out of the country, an Advance Parole gives them permission to re-enter into the US. It is imperative to travel only once this has been approved. Else, USCIS may consider it ‘abandoned’ and deny re-entry.

However, there are exceptions as to when one may travel out of the country without a valid advance parole despite having a pending I-485 and yet continue to maintain a visa status. These are –

Who Can Apply for Advance Parole?

All non-immigrants who:

  1. Educational purposes, such as semester abroad programs or academic research;
  2. Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
  3. Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

 

Who Can Not Apply for Advance Parole?

Non-U.S. citizens are not eligible for Advance Parole if they are:

In order to apply for advance parole, Form–131 has to be filed out. Advance Parole on Path2USA.com delineates the entire process of filing for Form I-131 including fees structure, application filing locations as well as other vital information pertaining to the application of the advance parole.

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